Minnesota Legislature
SF 2651
4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4
4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20
4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3
5.4 5.5 5.6 5.7 5.8 5.9
5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19
7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31
7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12
8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26
8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21
9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27
11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25
13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33
13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10
14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29
14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11
15.12 15.13 15.14
15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 17.36 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4
19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9
24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22
24.23 24.24 24.25 24.26
24.27 24.28 24.29 24.30 24.31
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17
25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8
26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17
27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30
27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21
28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11
29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22
29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23
30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3
31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15
31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23
32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12
33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13
34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24
34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3
35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16
35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29
35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20
36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21
37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15
41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27
41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3
43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30
43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23
45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 46.36 47.1 47.2
47.3 47.4 47.5
47.6 47.7
47.8 47.9
47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30
47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2
50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18
50.19 50.20 50.21 50.22 50.23
50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15
51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23
51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2
52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14
52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30
52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11
53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6
54.7 54.8 54.9 54.10
54.11 54.12 54.13 54.14 54.15
54.16 54.17 54.18 54.19 54.20
54.21 54.22 54.23 54.24
54.25 54.26 54.27 54.28 54.29 54.30 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9
55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17
56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9
57.10
57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25
58.26
58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19
62.20 62.21
62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7
63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25
63.26
63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34
64.1
64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12
64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7
65.8
65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33
65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7
66.8 66.9 66.10 66.11 66.12 66.13
66.14 66.15 66.16 66.17 66.18 66.19
66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30
67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7
68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20
68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31
68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23
69.24
69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11
70.12 70.13
70.14 70.15 70.16 70.17 70.18
70.19
70.20 70.21 70.22 70.23
70.24
70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29
71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17
72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29
72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14
73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22
73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10
74.11
74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30
74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 75.36 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 76.36 77.1 77.2
77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18
77.19 77.20 77.21
77.22 77.23 77.24 77.25 77.26 77.27
77.28 77.29 77.30 77.31 77.32
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12
78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22
78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12
79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21
79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29
79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8
80.9
80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 81.1 81.2 81.3
81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32
81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11
82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19
82.20 82.21 82.22
82.23 82.24 82.25 82.26 82.27 82.28
82.29 82.30 83.1 83.2 83.3 83.4 83.5 83.6 83.7
83.8 83.9 83.10 83.11 83.12
83.13
83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21
83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33
84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11
84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23
84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34
85.1 85.2 85.3 85.4 85.5 85.6
85.7 85.8 85.9 85.10 85.11 85.12 85.13
85.14 85.15 85.16 85.17 85.18
85.19 85.20 85.21 85.22 85.23
85.24 85.25 85.26 85.27
85.28 85.29
A bill for an act
relating to natural resources; modifying provisions for sale of surplus state
land; creating a Minnesota forests for the future program; establishing a
revolving account; providing for alternative recording of state forest roads;
providing for certain wetland banking credits; modifying provisions related to
aquatic farms; providing for expedited exchanges of public land; providing for
consultation on certain unallotments; providing for viral hemorrhagic septicemia
and wildlife disease control; providing for a voluntary walleye stamp; creating
the Lessard-Heritage Enhancement Council; modifying hunting and fishing
licensing and taking provisions; modifying certain fund and account provisions;
modifying outdoor recreation system provisions; adding to and deleting from
state parks, recreation areas, and forests; providing for public and private sales,
conveyances, leases, and exchanges of certain state land; requiring reports and
studies; appropriating money; amending Minnesota Statutes 2006, sections
16B.281, subdivision 3; 16B.282; 16B.283; 16B.284; 16B.287, subdivision 2;
17.4985, subdivisions 2, 3, 5; 17.4986, subdivisions 1, 2, 4; 17.4987; 17.4988,
subdivision 3; 17.4992, subdivision 2; 17.4993; 84.943, subdivision 5; 84D.03,
subdivision 4; 86A.04; 86A.08, subdivision 1; 89.715; 97A.015, subdivisions
32a, 41a, by adding subdivisions; 97A.045, subdivisions 7, 11; 97A.055,
subdivision 4b; 97A.075, subdivisions 4, 5, by adding a subdivision; 97A.311,
subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434,
subdivision 2; 97A.473, subdivision 2; 97A.474, subdivision 2; 97A.475,
subdivision 5, by adding a subdivision; 97A.485, subdivision 6; 97A.535,
subdivision 1; 97B.015, subdivision 5; 97B.041; 97B.071; 97B.081; 97B.106,
subdivision 1; 97B.211, subdivision 1; 97B.301, subdivisions 1, 2, 4, 6; 97B.621,
subdivision 3; 97B.721; 97C.203; 97C.205; 97C.341; 97C.355, subdivisions 4,
7a; 97C.401, subdivision 2; 97C.505, subdivision 1; 97C.515, subdivisions 2,
4, 5; 97C.821; 325D.55, subdivision 1; Minnesota Statutes 2007 Supplement,
sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, subdivisions
2, 4; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.473, subdivision
5; 97A.475, subdivisions 2, 3; 97B.031, subdivision 1; 97B.036; 97B.328;
97C.355, subdivision 8; Laws 2005, chapter 161, section 25; Laws 2006,
chapter 236, article 1, section 43; proposing coding for new law in Minnesota
Statutes, chapters 84; 94; 97A; 97B; 97C; 103G; repealing Minnesota Statutes
2006, sections 16B.281, subdivisions 2, 4, 5; 16B.285; 97A.411, subdivision 2;
97C.515, subdivision 3; Minnesota Statutes 2007 Supplement, section 97B.301,
subdivision 7; Minnesota Rules, parts 6232.0200, subpart 4; 6232.0300, subpart
4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE LANDS
Section 1.
Minnesota Statutes 2006, section 16B.281, subdivision 3, is amended to read:
Subd. 3.
Notice to agencies; determination of surplus.
deleted text begin On or before October 1 of
each year, the commissioner shall review the certifications of heads of each department or
agency provided for in this section.deleted text end The commissioner new text begin of administration new text end shall send written
notice to all state departments, agencies, and the University of Minnesota describing any
lands or tracts that may be declared surplus. If a department or agency or the University of
Minnesota desires custody of the lands or tracts, it shall submit a written request to the
commissioner, no later than four calendar weeks after mailing of the notice, setting forth
in detail its reasons for desiring to acquire and its intended use of the land or tract. The
commissioner shall then determine whether any of the lands described deleted text begin in the certifications
of the heads of the departments or agenciesdeleted text end should be declared surplus and offered for
sale or otherwise disposed of by transferring custodial control to other requesting state
departments or agencies or to the Board of Regents of the University of Minnesota for
educational purposes, provided however that transfer to the Board of Regents shall not be
determinative of tax exemption or immunity. If the commissioner determines that any of
the lands are no longer needed for state purposes, the commissioner shall make findings of
fact, describe the lands, declare the lands to be surplus state land, new text begin and new text end state the reasons for
the sale or disposition of the landsdeleted text begin , and notify the Executive Council of the determinationdeleted text end .
Sec. 2.
Minnesota Statutes 2006, section 16B.282, is amended to read:
16B.282 SURVEYS, APPRAISALS, AND SALE.
Subdivision 1.
Appraisal; notice and offer to public bodies.
(a) Before offering
any surplus state-owned lands for sale, the commissioner new text begin of administration new text end may survey the
lands and, if the value of the lands is estimated to be deleted text begin $40,000deleted text end new text begin $50,000new text end or less, may have
the lands appraised. The commissioner shall have the lands appraised if the estimated
value is in excess of deleted text begin $40,000deleted text end new text begin $50,000new text end .
(b) deleted text begin The appraiser shall, before entering upon the duties of the office, take and
subscribe an oath that the appraiser will faithfully and impartially discharge the duties
of appraiser according to the best of the appraiser's ability and that the appraiser is not
interested, directly or indirectly, in any of the lands to be appraised or the timber or
improvements on the lands or in the purchase of the lands, timber, or improvements
and has entered into no agreement or combination to purchase any of the lands, timber,
or improvements. The oath shall be attached to the appraisal report.deleted text end new text begin Appraisals must
be made by an appraiser that holds a state appraiser license issued by the Department
of Commerce. The appraisal must be in conformity with the Uniform Standards of
Professional Appraisal Practice of the Appraisal Foundation.
new text end
(c) Before offering surplus state-owned lands for public sale, the lands shall first be
offered to the city, county, town, school district, or other public body corporate or politic
in which the lands are situated for public purposes and the lands may be sold for public
purposes for not less than the appraised value of the lands. To determine whether a public
body desires to purchase the surplus land, the commissioner shall give a written notice to
the governing body of each political subdivision whose jurisdictional boundaries include
or are adjacent to the surplus land. If a public body desires to purchase the surplus land,
it shall submit a written offer to the commissioner no later than two weeks after receipt
of notice setting forth in detail its reasons for desiring to acquire and its intended use of
the land. In the event that more than one public body tenders an offer, the commissioner
shall determine which party shall receive the property and shall submit written findings
regarding the decision. If lands are offered for sale for public purposes and if a public
body notifies the commissioner of its desire to acquire the lands, the public body may have
up to two years from the date of the accepted offer to commence payment for the lands
in the manner provided by law.
Subd. 2.
Public sale requirements.
(a) deleted text begin Lands certified as surplus by the head of
a department or agency under section 16B.281 shall be offered for public sale by the
commissioner as provided in this subdivision.deleted text end After complying with subdivision 1 and
before any public sale of surplus state-owned land is madenew text begin and at least 30 days before the
salenew text end , the commissioner new text begin of administration new text end shall publish a notice of the sale deleted text begin at least once each
week for four successive weeks in a legal newspaper and alsodeleted text end in a newspaper of general
distribution in the city or county in which the real property to be sold is situated. The notice
shall specify the time and place at which the sale will commence, a general description of
the lots or tracts to be offered, and a general statement of the terms of sale. deleted text begin Each tract or
lot shall be sold separately and shall be sold for no less than its appraised value.deleted text end
(b)new text begin Surplus state-owned land shall be sold for no less than the estimated or appraised
value. The minimum bid may include expenses incurred by the commissioner in rendering
the property saleable, including survey, appraisal, legal, advertising, and other expenses.
new text end
new text begin (c)new text end Parcels remaining unsold after the offering may be sold to anyone agreeing to
pay the appraised value. The sale shall continue until all parcels are sold or until the
commissioner orders a reappraisal or withdraws the remaining parcels from sale.
deleted text begin
(c) Except as provided in section 16B.283, the cost of any survey or appraisal as
provided in subdivision 1 shall be added to and made a part of the appraised value of the
lands to be sold, whether to any political subdivision of the state or to a private purchaser
as provided in this subdivision.
deleted text end
Sec. 3.
Minnesota Statutes 2006, section 16B.283, is amended to read:
16B.283 TERMS OF PAYMENT.
deleted text begin No less than ten percent of the purchase price shall be paid at the time of sale with
the balance payable according to this section. If the purchase price of any lot or parcel is
$5,000 or less, the balance shall be paid within 90 days of the date of sale. If the purchase
price of any lot or parcel is in excess of $5,000, the balance shall be paid in equal annual
installments for no more than five years, at the option of the purchaser, with principal
and interest payable annually in advance at a rate equal to the rate in effect at the time
under section 549.09 on the unpaid balance, payable to the state treasury on or before
June 1 each year. Any installment of principal or interest may be prepaid.deleted text end new text begin The purchaser
must pay at the time of sale ten percent of the total amount bid and the remainder of the
payment is due within 90 days of the sale date. A person who fails to make final payment
within 90 days of the sale date is in default. On default, all right, title, and interest of
the purchaser or heirs, representatives, or assigns of the purchaser in the premises shall
terminate without the state doing any act or thing. A record of the default must be made in
the state land records of the commissioner.new text end
Sec. 4.
Minnesota Statutes 2006, section 16B.284, is amended to read:
16B.284 deleted text begin CONTRACT FOR DEED ANDdeleted text end QUITCLAIM DEED.
deleted text begin In the event a purchaser elects to purchase surplus real property on an installment
basis, the commissioner shall enter into a contract for deed with the purchaser, in which
shall be set forth the description of the real property sold and the price of the property,
the consideration paid and to be paid for the property, the rate of interest, and time and
terms of payment. The contract for deed shall be made assignable and shall further set
forth that in case of the nonpayment of the annual principal or interest payment due by the
purchaser, or any person claiming under the purchaser, then the contract for deed, from the
time of the failure, is entirely void and of no effect and the state may be repossessed of the
lot or tract and may resell the lot or tract as provided in sections 16B.281 to 16B.287. In
the event the terms and conditions of a contract for deed are completely fulfilled or if a
purchaser makes a lump-sum payment for the subject property in lieu of entering into a
contract for deed,deleted text end The commissioner new text begin of administration new text end shall sign and cause to be issued a
quitclaim deed on behalf of the state. The quitclaim deed shall be in a form prescribed by
the attorney general and shall vest in the purchaser all of the state's interest in the subject
property except as provided in section new text begin 16B.285 or new text end 16B.286.
Sec. 5.
Minnesota Statutes 2006, section 16B.287, subdivision 2, is amended to read:
Subd. 2.
Payment of expenses.
A portion of the proceeds from the sale equal in
amount to the survey, appraisal, legal, advertising, and other expenses incurred by the
commissioner new text begin of administration new text end or other state official in rendering the property salable shall
be remitted to the account from which the expenses were paid and are appropriated and
immediately available for expenditure in the same manner as other money in the account.
Sec. 6.
new text begin
[84.66] MINNESOTA FORESTS FOR THE FUTURE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The Minnesota forests for the future program identifies and
protects private, working forest lands for their timber, scenic, recreational, fish and wildlife
habitat, threatened and endangered species, and other cultural and environmental values.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
For the purpose of this section, the following terms have
the meanings given:
new text end
new text begin
(1) "forest land" has the meaning given under section 89.001, subdivision 4;
new text end
new text begin
(2) "forest resources" has the meaning given under section 89.001, subdivision 8;
new text end
new text begin
(3) "guidelines" has the meaning given under section 89A.01, subdivision 8;
new text end
new text begin
(4) "riparian land" has the meaning given under section 103F.511, subdivision 8a;
and
new text end
new text begin
(5) "working forest land" means land that provides a broad range of goods and
services, including forest products, recreation, fish and wildlife habitat, clean air and
water, and carbon sequestration.
new text end
new text begin Subd. 3. new text end
new text begin Establishment. new text end
new text begin
The commissioner of natural resources shall establish and
administer a Minnesota forests for the future program. Land selected for inclusion in the
program shall be evaluated on the land's potential for:
new text end
new text begin
(1) producing timber and other forest products;
new text end
new text begin
(2) maintaining forest landscapes;
new text end
new text begin
(3) providing public recreation; and
new text end
new text begin
(4) providing ecological, fish and wildlife habitat, other cultural and environmental
values, and values consistent with working forest lands.
new text end
new text begin Subd. 4. new text end
new text begin Land eligibility. new text end
new text begin
Land may be placed in the Minnesota forests for the
future program if it:
new text end
new text begin
(1) is:
new text end
new text begin
(i) forest land;
new text end
new text begin
(ii) desirable land adjacent to forest land, as determined by the commissioner; or
new text end
new text begin
(iii) beneficial to forest resource protection;
new text end
new text begin
(2) is at least five acres in size, except for a riparian area or an area providing access
to state forest land; and
new text end
new text begin
(3) is not set aside, enrolled, or diverted under another federal or state program,
unless enrollment in the Minnesota forests for the future program would provide additional
conservation benefits or a longer enrollment term than under the current federal or state
program.
new text end
new text begin Subd. 5. new text end
new text begin Land interests. new text end
new text begin
The commissioner may acquire permanent interests in
lands by fee title, easement acquisition, gift, or donation. An acquired easement shall
require a forestry management plan unless the requirement is waived or modified by
the commissioner. The plan will guide forest management activities consistent with the
purposes and terms of the easement and shall incorporate guidelines and other forest
management practices as determined by the commissioner to provide perpetuation of the
forest. The plan shall be developed in accordance with the guidelines.
new text end
new text begin Subd. 6. new text end
new text begin Application. new text end
new text begin
The commissioner shall accept applications from owners of
eligible lands at the time, in the form, and containing the information as the commissioner
may prescribe. If the number of applications exceeds the ability to fund them all, priority
shall be given to those applications covering lands providing the greatest public benefits
for timber productivity, public access, and ecological and wildlife values.
new text end
new text begin Subd. 7. new text end
new text begin Landowner responsibilities. new text end
new text begin
The commissioner may enroll eligible land
in the program by signing an easement in recordable form with a landowner in which
the landowner agrees to:
new text end
new text begin
(1) convey to the state a permanent easement that is not subject to any prior title,
lien, or encumbrance; and
new text end
new text begin
(2) manage the land in a manner consistent with the purposes for which the land was
selected for the program and not convert the land to other uses.
new text end
new text begin Subd. 8. new text end
new text begin Correction of easement boundary lines. new text end
new text begin
To correct errors in legal
descriptions for easements that affect the ownership interests in the state and adjacent
landowners, the commissioner may, in the name of the state, convey without consideration,
interests of the state necessary to correct legal descriptions of boundaries. The conveyance
must be by quitclaim deed or release in a form approved by the attorney general.
new text end
new text begin Subd. 9. new text end
new text begin Terminating or changing an easement. new text end
new text begin
The commissioner may terminate
an easement, with the consent of the property owner, if the commissioner determines
termination to be in the public interest. The commissioner may modify the terms of an
easement if the commissioner determines that modification will help implement the
Minnesota forests for the future program or facilitate the program's administration.
new text end
new text begin Subd. 10. new text end
new text begin Payments. new text end
new text begin
Payments to landowners under the Minnesota forests for
the future program shall be made in accordance with law and Department of Natural
Resources acquisition policies, procedures, and other funding requirements.
new text end
new text begin Subd. 11. new text end
new text begin Monitoring, enforcement, and damages. new text end
new text begin
(a) The commissioner shall
establish a long-term program for monitoring and enforcing Minnesota forests for the
future easements.
new text end
new text begin
(b) A landowner who violates the terms of an easement under this section or induces,
assists, or allows another to do so is liable to the state for damages due to the loss of
timber, scenic, recreational, fish and wildlife habitat, threatened and endangered species,
and other cultural and environmental values.
new text end
new text begin
(c) Upon request of the commissioner, the attorney general may commence an action
for specific performance, injunctive relief, damages, including attorney's fees, and any
other appropriate relief to enforce this section in district court in the county where all or
part of the violation is alleged to have been committed or where the landowner resides or
has a principal place of business.
new text end
new text begin Subd. 12. new text end
new text begin Rulemaking exemption. new text end
new text begin
Easements agreed to under this section are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply.
new text end
Sec. 7.
new text begin
[84.67] FORESTS FOR THE FUTURE REVOLVING ACCOUNT.
new text end
new text begin
A forests for the future revolving account is created in the natural resources fund.
Money in the account is appropriated to the commissioner of natural resources for the
acquisition of forest lands that meet the eligibility criteria in section 84.66, subdivision 4.
The commissioner shall sell the lands acquired under this section, subject to an easement
as provided in section 84.66. Money received from the sale of forest lands acquired under
this section and interest earned on the account shall be deposited into the account. The
commissioner must file a report to the house Ways and Means and the senate Finance
Committees and the environment and natural resources finance committees or divisions of
the senate and house of representatives by October 1 of each year indicating all purchases
of forest land using money from this account and sales of forest land for which revenue is
deposited into this account.
new text end
Sec. 8.
Minnesota Statutes 2006, section 84.943, subdivision 5, is amended to read:
Subd. 5.
Pledges and contributions.
The commissioner of natural resources may
accept contributions and pledges to the critical habitat private sector matching account.
A pledge that is made contingent on an appropriation is acceptable and shall be reported
with other pledges as required in this section. new text begin The commissioner may agree to match a
contribution contingent on a future appropriation. new text end In the budget request for each biennium,
the commissioner shall report the balance of contributions in the account and the amount
that has been pledged for payment in the succeeding two calendar years.
Money in the account is appropriated to the commissioner of natural resources only
for the direct acquisition or improvement of land or interests in land as provided in section
84.944. To the extent of available appropriations other than bond proceeds, the money
matched to the nongame wildlife management account may be used for the management
of nongame wildlife projects as specified in section 290.431. Acquisition includes: (1)
purchase of land or an interest in land by the commissioner; or (2) acceptance by the
commissioner of gifts of land or interests in land as program projects.
Sec. 9.
Minnesota Statutes 2006, section 86A.04, is amended to read:
86A.04 COMPOSITION OF SYSTEM.
The outdoor recreation system shall consist of all state parks; state recreation areas;
state trails established pursuant to sections 84.029, subdivision 2, 85.015, 85.0155, and
85.0156; state scientific and natural areas; state wilderness areas; state forests; state
wildlife management areas;new text begin state aquatic management areas;new text end state water access sites,
which include all lands and facilities established by the commissioner of natural resources
or the commissioner of transportation to provide public access to water; state wild, scenic,
and recreational rivers; state historic sites; state rest areas, which include all facilities
established by the commissioner of transportation for the safety, rest, comfort and use
of the highway traveler, and shall include all existing facilities designated as rest areas
and waysides by the commissioner of transportation; and any other units not listed in
this section that are classified under section 86A.05. Each individual state park, state
recreation area, and so forth is called a "unit."
Sec. 10.
Minnesota Statutes 2006, section 86A.08, subdivision 1, is amended to read:
Subdivision 1.
Secondary authorization; when permitted.
A unit of the outdoor
recreation system may be authorized wholly or partially within the boundaries of another
unit only when the authorization is consistent with the purposes and objectives of the
respective units and only in the instances permitted below:
(a) The following units may be authorized wholly or partially within a state park:
historic site, scientific and natural area, wilderness area, wild, scenic, and recreational
river, trail, rest area, new text begin aquatic management area, new text end and water access site.
(b) The following units may be authorized wholly or partially within a state
recreation area: historic site, scientific and natural area, wild, scenic, and recreational river,
trail, rest area,new text begin aquatic management area, wildlife management area, new text end and water access site.
(c) The following units may be authorized wholly or partially within a state forest:
state park, state recreation area, historic site, wildlife management area, scientific and
natural area, wilderness area, wild, scenic, and recreational river, trail, rest area,new text begin aquatic
management area,new text end and water access site.
(d) The following units may be authorized wholly or partially within a state historic
site: wild, scenic, and recreational river, trail, rest area, new text begin aquatic management area, new text end and
water access site.
(e) The following units may be authorized wholly or partially within a state wildlife
management area: state water access sitenew text begin and aquatic management areanew text end .
(f) The following units may be authorized wholly or partially within a state wild,
scenic, or recreational river: state park, historic site, scientific and natural area, wilderness
area, trail, rest area, new text begin aquatic management area, new text end and water access site.
(g) The following units may be authorized wholly or partially within a state rest
area: historic site, trail, wild, scenic, and recreational river,new text begin aquatic management area,new text end
and water access site.
new text begin
(h) The following units may be authorized wholly or partially within an aquatic
management area: historic site, scientific and natural area, wild, scenic, and recreational
river, trail, rest area, and water access site.
new text end
Sec. 11.
Minnesota Statutes 2006, section 89.715, is amended to read:
89.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD.
Subdivision 1.
Authorization.
The commissioner may adopt a deleted text begin recorded statedeleted text end forest
road map under this section to record the department's state forest road prescriptive
easements. For purposes of this section, "deleted text begin recordeddeleted text end state forest road map" means the
official map of state forest roadsnew text begin adopted by the commissionernew text end .
Subd. 2.
Map requirements.
The deleted text begin recordeddeleted text end state forest road map must:
(1) show state forest roads at the time the map is adopted;
(2) be prepared at a scale deleted text begin of at least four inches equals one miledeleted text end new text begin compliant with
standards of the county recorder where the state forest roads are locatednew text end ;
(3) include section numbers;
(4) include a north point arrow;
(5) include the name of the county and state;
(6) include a blank and a description under the blank for the date of public hearing
and date of adoption;
(7) include blanks for signatures and dates of signatures for the commissioner; and
(8) include a list of legal descriptions of all parcels crossed by state forest road
prescriptive easements.
Subd. 3.
Procedure to adopt map.
(a) The commissioner must prepare an official
map for each county or smaller geographic area as determined by the commissioner as
provided in subdivision 2, and set a time, place, and date for a public hearing on adopting
a deleted text begin recorded statedeleted text end forest road map to record roads.
(b) The hearing notice must state that the roads to be recorded will be to the width of
the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless
otherwise specified in a prior easement of record. The hearing notice must be published
once a week for two successive weeks in a qualified newspaper of general circulation that
serves the county or smaller geographic areas as determined by the commissioner, the last
publication to be made at least ten days before the date of the public hearing. At least 30
days before the hearing, the hearing notice must be sent by certified mail to the property
owners directly affected in the county or smaller geographic areas as determined by the
commissioner at the addresses listed on the tax assessment notices at least seven days
before appearing in the qualified newspaper. The hearing notice may be sent with the tax
assessment, but all additional costs incurred shall be billed to the department.
(c) After the public hearing is held, the commissioner may amend and adopt the
deleted text begin recorded statedeleted text end forest road map. The deleted text begin recordeddeleted text end state forest road map must be dated and
signed by the commissioner and must be deleted text begin recordeddeleted text end new text begin filed for recording new text end with the county
recorder within 90 days after the map is adopted.new text begin The map is effective when filed with
the county recorder.
new text end
(d) The deleted text begin recordeddeleted text end state forest road map that is recorded with the county recorder must
comply with the standards of the county recorder where the state forest roads are located.
(e) A deleted text begin recordeddeleted text end state forest road map that was prepared by using aerial photographs
to establish road centerlines and that has been duly recorded with the county recorder is an
adequate description for purposes of recording road easements and the map is the legally
constituted description and prevails when a deed for a parcel abutting a road contains
no reference to a road easement. Nothing prevents the commissioner from accepting a
more definitive metes and bounds or survey description of a road easement for a road of
record if the description of the easement is referenced to equal distance on both sides
of the existing road centerline.
(f) The commissioner shall consult with representatives of county land
commissioners, county auditors, county recorders, and Torrens examiners in implementing
this subdivision.
Subd. 4.
Appeal.
(a) deleted text begin Before filing an appeal under paragraph (b), a person may
seek resolution of concerns regarding a decision to record a road under this section by
contacting the commissioner in writing.
deleted text end
deleted text begin
(b) A person may appeal a decision to record or exclude recording a road under this
section to the district court within 120 days after the date the commissioner adopts the
state forest road map.
deleted text end
new text begin
Appeals may be filed only by property owners who are directly
affected by a proposed map designation and only for those portions of the map designation
that directly affect them.
new text end
new text begin
(b) A property owner may appeal the map designation to the commissioner within 60
days of the map being recorded by filing a written request for review. The commissioner
shall review the request and any supporting evidence and render a decision within 45
days of receipt of the request for review.
new text end
new text begin
(c) If a property owner wishes to appeal a decision of the commissioner after review
under paragraph (b), the property owner must file an appeal with the district court within
60 days of the commissioner's decision.
new text end
new text begin
(d) If any portion of a map appealed under paragraph (b) is modified or found to be
invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map
shall not be affected and its recording with the county recorder shall stand.
new text end
Subd. 5.
Unrecorded road or trail not affected.
This section does not affect or
diminish the legal status or state obligations of roads and trails not shown on the deleted text begin recordeddeleted text end
state forest road map.
Subd. 6.
Exemption.
Adoption of a deleted text begin recordeddeleted text end state forest road map under this
section is exempt from the rulemaking requirements of chapter 14 and section 14.386
does not apply.
Sec. 12.
new text begin
[94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE
STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose and scope. new text end
new text begin
(a) The purpose of this section is to expedite the
exchange of public land ownership. Consolidation of public land reduces management
costs and aids in the reduction of forest fragmentation.
new text end
new text begin
(b) This section applies to exchanges of land between the state and a governmental
subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347
apply only to the extent specified in this section.
new text end
new text begin Subd. 2. new text end
new text begin Classes of land; definitions. new text end
new text begin
The classes of public land that may be
involved in an expedited exchange under this section are:
new text end
new text begin
(1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1, except for:
new text end
new text begin
(i) school trust land as defined in section 92.025; and
new text end
new text begin
(ii) university land granted to the state by acts of Congress;
new text end
new text begin
(2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
new text end
new text begin
(3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text end
new text begin Subd. 3. new text end
new text begin Valuation of land. new text end
new text begin
(a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined
by the county board of the county in which the land lies. To determine the value of the
land, the parties to the exchange may cause the land to be appraised, utilize the valuation
process provided under section 84.0272, subdivision 3, or obtain a market analysis from a
qualified real estate broker. Merchantable timber value must be determined and considered
in finalizing valuation of the lands.
new text end
new text begin
(b) All lands exchanged under this section shall be exchanged only for lands of
at least substantially equal value. For the purposes of this subdivision, "substantially
equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal value but are not
of the same value.
new text end
new text begin Subd. 4. new text end
new text begin Title. new text end
new text begin
Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
new text end
new text begin Subd. 5. new text end
new text begin Approval by Land Exchange Board. new text end
new text begin
All expedited land exchanges
under this section, and the terms and conditions of the exchanges, require the unanimous
approval of the Land Exchange Board.
new text end
new text begin Subd. 6. new text end
new text begin Conveyance. new text end
new text begin
(a) Conveyance of Class 1 land given in exchange shall be
made by deed executed by the commissioner of natural resources in the name of the
state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the
commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by
a deed executed by the governing body in the name of the governing authority.
new text end
new text begin
(b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class
2 or 3 land shall first be delivered to the commissioner of natural resources. Following
the recording of the deed, the commissioner of natural resources shall deliver the deed
conveying the Class 1 land.
new text end
new text begin
(c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land
shall first be delivered to the county auditor. Following the recording of the deed, the
commissioner of revenue shall deliver the deed conveying the Class 2 land.
new text end
new text begin
(d) All deeds shall be recorded or registered in the county in which the lands lie.
new text end
new text begin Subd. 7. new text end
new text begin
Reversionary interest; mineral and water power rights and other
reservations.
new text end
new text begin
(a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
new text end
new text begin
(1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
new text end
new text begin
(2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
new text end
new text begin
(b) Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
new text end
new text begin Subd. 8. new text end
new text begin Land status. new text end
new text begin
Land received in exchange for Class 1 land is subject to the
same trust, if any, and otherwise has the same status as the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the governmental
subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in
exchange for Class 3 land has the same status as the land given in exchange.
new text end
Sec. 13.
new text begin
[103G.2251] STATE CONSERVATION EASEMENTS; WETLAND
BANK CREDIT.
new text end
new text begin
In greater than 80 percent areas, preservation of wetlands owned by a local unit of
government, protected by a permanent conservation easement as defined under section
84C.01 and held by the board, may be eligible for wetland replacement or mitigation
credits, according to rules adopted by the board. To be eligible for credit under this
section, a conservation easement must be established after enactment of this section and
approved by the board.
new text end
Sec. 14.
Minnesota Statutes 2006, section 325D.55, subdivision 1, is amended to read:
Subdivision 1.
Labor, electrical, agricultural, or horticultural organizations.
Nothing contained in sections 325D.49 to 325D.66, shall be construed to forbid the
existence or operation of labor, electrical, agricultural, or horticultural organizationsnew text begin ,
including organizations that operate aquatic farms, as defined in section 17.47, subdivision
3, that are new text end instituted for the purpose of mutual help, and not conducted for profit, or to
forbid or restrain individual members of such organizations from lawfully carrying out
the legitimate objects thereof; nor shall such organizations, or the members thereof, be
held or construed to be illegal combinations or conspiracies in restraint of trade under the
provisions of sections 325D.49 to 325D.66, when lawfully carrying out the legitimate
objects hereof.
Sec. 15.
Laws 2005, chapter 161, section 25, is amended to read:
Sec. 25. EASEMENT ON STATE LAND BORDERING PUBLIC WATER;
WASHINGTON COUNTY.
(a) The commissioner of natural resources shall issue an easement on land bordering
public water that is described in paragraph (c). The easement shall be issued to the deleted text begin currentdeleted text end
owners of Lots 7 and 8, Block 2 of Demontreville Highlands and Lots 2, 3, 4, and 5,
Block 1, Demontreville Highlands 5th Addition. The easement is for the purpose of the
easement holders jointly erecting and maintaining one dock from the property described
in paragraph (c). The dock may not exceed 30 feet in length and six feet in width and
overnight mooring of watercraft is prohibited.
(b) The easement must be in a form approved by the attorney general for
consideration of the easement preparation and recording costs. The attorney general may
make necessary changes in the legal description to correct errors and ensure accuracy.
deleted text begin The easement will expire as to each owner when they convey their ownership interest in
the property described in paragraph (a).deleted text end
(c) The land upon which an easement is to be issued is located in Washington County
and is described as: Part of Government Lot 6, Section 5, Township 29 North, Range
21 West, being the South 45 feet lying East of the existing centerline of Demontreville
Trail North subject to easements of record.
Sec. 16.
Laws 2006, chapter 236, article 1, section 43, is amended to read:
Sec. 43. LAND REPLACEMENT TRUST FUND; ITASCA COUNTY.
Notwithstanding the provisions of Minnesota Statutes, chapter 282, and any other
law relating to the apportionment of proceeds from the sale new text begin or lease new text end of tax-forfeited land,
Itasca County must apportion the first $1,000,000 received from the sale new text begin or lease new text end of
tax-forfeited lands within Minnesota Steel Industries permit to mine area near Nashwauk,
Minnesota, as provided in Laws 1965, chapter 326, section 1, as amended. Any remaining
proceeds received from the sale new text begin or lease new text end must be deposited into a tax-forfeited land
replacement trust fund established by Itasca County under this section. The principal
and interest from this fund may be spent only on the purchase of lands to replace the
tax-forfeited lands sold to Minnesota Steel Industries. Lands purchased with the land
replacement fund must:
(1) become subject to trust in favor of the governmental subdivision wherein they lie
and all laws related to tax-forfeited lands; and
(2) be for forest management purposes and dedicated as memorial forest under
Minnesota Statutes, section 459.06, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the governing body of Itasca
County.
new text end
Sec. 17. new text begin FOREST MANAGEMENT INVESTMENT ACCOUNT
UNALLOTMENTS; FISCAL YEARS 2008 AND 2009.
new text end
new text begin
In addition to the requirements under Minnesota Statutes, section 16A.152, for
fiscal years 2008 and 2009, the commissioner of natural resources shall consult with the
chairs and ranking minority members of the house and senate environment and natural
resources finance divisions on proposed allotment reductions from appropriations from
the forest management investment account. The commissioner shall notify the chairs and
ranking minority members of the divisions of the proposed allotment reductions at least
30 days prior to taking action on the reductions. The commissioner must also provide
quarterly forest management investment account fund statements, including a report on
the methodology used in calculating the revenue forecasts.
new text end
Sec. 18. new text begin ADDITIONS TO STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin [85.012] [Subd. 9.] Buffalo River State Park, Clay County. new text end
new text begin
The
following area is added to Buffalo River State Park, all in Section 11, Township 139
North, Range 46, Clay County: That part of the Southeast Quarter of Section 11, described
as follows: Beginning at the southwest corner of the Southeast Quarter of said Section
11; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along the
westerly line of the Southeast Quarter of said Section 11, for a distance of 503.33 feet;
thence South 89 degrees 25 minutes 32 seconds East for a distance of 200.00 feet; thence
North 00 degrees 13 minutes 06 seconds East, parallel to the westerly line of the Southeast
Quarter of said Section 11, for a distance of 457.87 feet; thence South 89 degrees 44
minutes 18 seconds East for a distance of 323.00 feet; thence South 48 degrees 16 minutes
47 seconds East for a distance of 89.46 feet; thence South 29 degrees 17 minutes 10
seconds East for a distance of 1,035.56 feet to a point of intersection with the southerly
line of the Southeast Quarter of said Section 11; thence North 89 degrees 44 minutes 18
seconds West, along the southerly line of the Southeast Quarter of said Section 11, for
a distance of 1,100.00 feet to the point of beginning. Said tract of land contains 16.133
acres, more or less, and is subject to the following described ingress-egress easement: A
30.00-foot strip of land for purposes of ingress and egress centered along the following
described line: Commencing at the southwest corner of the Southeast Quarter of Section
11, Township 139 North, Range 46 West, Fifth Principal Meridian, Clay County,
Minnesota; thence North 00 degrees 13 minutes 06 seconds East (assumed bearing), along
the westerly line of the Southeast Quarter of said Section 11, for a distance of 15.00 feet to
the true point of beginning; thence South 89 degrees 44 minutes 18 seconds East, parallel
to and 15.00 feet northerly of the southerly line of the Southeast Quarter of said Section
11, for a distance of 797.03 feet; thence North 22 degrees 07 minutes 20 seconds East for a
distance of 327.76 feet and there terminating.
new text end
new text begin Subd. 2. new text end
new text begin [85.012] [Subd. 21.] Frontenac State Park, Goodhue County. new text end
new text begin
The
following areas are added to Frontenac State Park, Goodhue County:
new text end
new text begin
(1) all that part of Government Lot 4, and all that part of the Southwest Quarter of
the Southeast Quarter and of the Southeast Quarter of the Southwest Quarter, all in Section
2, Township 112 North, Range 13 West, described as follows, to-wit: Beginning at the
point of intersection of the east and west center line of said Section 2 with the line of the
west shore of Lake Pepin, running thence West 6 chains; thence South 33 degrees 15
minutes West 9.60 chains; thence South 41 degrees West 5.54 chains; thence South 51
degrees 15 minutes West 4.32 chains; thence South 65 degrees 15 minutes West 4 chains;
thence South 70 degrees 45 minutes West 11.27 chains to a rock in Glenway Street in the
village of Frontenac; thence South 48 degrees 30 minutes East 4.72 chains to the north and
south center line of said section; thence South 39 degrees 10 minutes East 11.14 chains;
thence South 32 degrees 30 minutes East 8.15 chains to the north line of Waconia Avenue
in said Frontenac; thence North 42 degrees 50 minutes East 5.15 chains; thence North 23
degrees 50 minutes East 2.75 chains; thence North 9 degrees 20 minutes East 7.90 chains;
thence North 20 degrees 20 minutes East 4.64 chains; thence North 52 degrees West 3.80
chains; thence North 20 degrees 20 minutes East 18.40 chains to the east line of said Mill
Street in said Frontenac; thence South along the east line of said Mill Street 3.76 chains
to the north line of Lot 8 in Block 13 in said Frontenac; thence along said north line to
the shore of Lake Pepin; thence along the shore of said lake 1.50 chains to the point of
beginning, containing in all 35.67 acres of land, more or less. Excepting therefrom all that
part of Government Lot 4, Section 2, Township 112 North, Range 13 West, described,
as follows: Beginning on the shore of Lake Pepin at the northeast corner of Lot 8 in
Block 13 of the town of Frontenac, running thence westerly along the north line of said
lot to the northwest corner thereof; thence northerly along the easterly line of Mill Street
in said town of Frontenac 215 feet, more or less, to its intersection with the north line of
said Government Lot 4; thence East along the north line of said Government Lot 4 to low
water mark on shore of Lake Pepin; thence southerly along the low water mark of Lake
Pepin to the place of beginning. Also excepting that part of Government Lot 4, Section 2,
Township 112 North, Range 12 West, which lies West of Undercliff Street in said village,
North of the southerly line of said Lot 1, Block 14, prolonged westerly, and East of a line
beginning 6 chains West of the intersection of the east and west center line of said Section
2 with the west shore of Lake Pepin, being the point of intersection of the west line of said
Undercliff Street and said east and west center line; thence South 33 degrees 15 minutes
West 9.60 chains, being a triangular piece of land; all of Block 14, except Lot 1 of said
Block 14; Lots 11, 12, 13, 14, 15, 16, 17, 18, and 19 of Block 15, except so much of Lot
11 in said Block 15 (in a triangular form) as lies between the west end of Lots 2 and 3 of
said Block 15 and the east line of Bluff Street, all in the town of Frontenac according to
the accepted and recorded map of said town of Frontenac now on file and of record in the
Office of the Register of Deeds in and for said County of Goodhue;
new text end
new text begin
(2) that part of the West Half of the Northeast Quarter of Section 6, Township 112
North, Range 13 West, Goodhue County, Minnesota, described as follows: Commencing
at the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence
South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of
said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the
point of beginning of the land to be described; thence North 01 degree 11 minutes 39
seconds West, along said east line, a distance of 400.00 feet; thence South 89 degrees 01
minute 10 seconds West, a distance of 442.03 feet; thence southwesterly, a distance of
534.99 feet along a nontangential curve concave to the northwest having a radius of
954.93 feet, a central angle of 33 degrees 53 minutes 57 seconds, and a chord that bears
South 42 degrees 45 minutes 42 seconds West; thence South 59 degrees 42 minutes 41
seconds West, tangent to said curve, a distance of 380.00 feet to the centerline of State
Highway 61, as now located and established; thence southeasterly, along said centerline
of State Highway 61, a distance of 160 feet, more or less, to the intersection with a line
bearing South 73 degrees 00 minutes 00 seconds West from the point of beginning; thence
North 73 degrees 00 minutes 00 seconds East, to the point of beginning. Together with a
50.00-foot wide driveway and utility easement, which lies northwesterly and adjoins the
northwesterly line of the above described property; and
new text end
new text begin
(3) that part of the West Half of the Northeast Quarter of Section 6, Township
112 North, Range 13 West, Goodhue County, described as follows: Commencing at
the northeast corner of the West Half of the Northeast Quarter of said Section 6; thence
South 01 degree 11 minutes 39 seconds East, assumed bearing, along the east line of
said West Half of the Northeast Quarter of Section 6, a distance of 1,100.00 feet to the
point of beginning of the land to be described; thence South 73 degrees 00 minutes 00
seconds West, to the centerline of State Highway 61, as now located and established;
thence southeasterly, along said centerline of State Highway 61, to the south line of said
West Half of the Northeast Quarter of Section 6; thence North 88 degrees 34 minutes
56 seconds East, along said south line, to the southeast corner of said West Half of the
Northeast Quarter of Section 6; thence North 01 degree 11 minutes 39 seconds West, a
distance of 1,902.46 feet to the point of beginning.
new text end
new text begin Subd. 3. new text end
new text begin [85.012] [Subd. 44.] Monson Lake State Park, Swift County. new text end
new text begin
The
following area is added to Monson Lake State Park, Swift County: the Northeast Quarter
of Section 1, Township 121 North, Range 37 West.
new text end
new text begin Subd. 4. new text end
new text begin
[85.012] [Subd. 51.] Savanna Portage State Park, Aitkin and St.
Louis Counties.
new text end
new text begin
The following areas are added to Savanna Portage State Park: the
Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Northwest
Quarter, Government Lot 2, and Government Lot 3, all in Section 13, Township 50 North,
Range 23 West, Aitkin County.
new text end
new text begin Subd. 5. new text end
new text begin [85.012] [Subd. 52.] Scenic State Park, Itasca County. new text end
new text begin
The following
areas are added to Scenic State Park: Government Lot 3, Government Lot 4, the Northeast
Quarter of the Northwest Quarter, and the Southeast Quarter of the Northwest Quarter, all
in Section 7, Township 60 North, Range 25 West, Itasca County.
new text end
new text begin Subd. 6. new text end
new text begin
[85.012] [Subd. 53a.] Soudan Underground Mine State Park, St.
Louis County.
new text end
new text begin
The following area is added to Soudan Underground Mine State Park: the
Northeast Quarter of the Northeast Quarter, Section 29, Township 62 North, Range 15
West, St. Louis County.
new text end
new text begin Subd. 7. new text end
new text begin
[85.012] [Subd. 60.] William O'Brien State Park, Washington County.
new text end
new text begin
The following areas are added to William O'Brien State Park, Washington County:
new text end
new text begin
(1) Lot 1, Block 1, and Outlots A and B, Spring View Acres according to the plat on
file and of record in the Office of the Recorder for Washington County;
new text end
new text begin
(2) the South 200.00 feet of the North 1,326.20 feet of the West One-Half of the
Southeast Quarter, Section 36, Township 32 North, Range 20 West; and
new text end
new text begin
(3) that part of the Northeast Quarter of the Southwest Quarter lying west of
Highway 95 (St. Croix Trail North) in Section 31, Township 32 North, Range 19 West.
new text end
Sec. 19. new text begin DELETIONS FROM STATE PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin
[85.012] [Subd. 21.] Frontenac State Park, Goodhue County.
new text end
new text begin
The following areas are deleted from Frontenac State Park, all in Township 112 North,
Range 13 West, Goodhue County:
new text end
new text begin
(1) that part of the East Half, Section 11, and that part of the Southwest Quarter,
Section 12, being described as BLOCK's O, F, H, G, and L, GARRARD'S SOUTH
EXTENSION TO FRONTENAC according to the plat on file and of record in the Office
of the Recorder for Goodhue County, Minnesota. Including all of those parts of vacated
Birch Way and Birch Way South situated in GARRARD'S SOUTH EXTENSION TO
FRONTENAC lying southerly of vacated Ludlow Avenue and northerly of Winona
Avenue;
new text end
new text begin
(2) that part of the Northeast Quarter, Section 11, being described as BLOCK 70,
WESTERVELT (also known as the town of Frontenac) according to the plat on file and of
record in the Office of the Recorder for Goodhue County, Minnesota;
new text end
new text begin
(3) that part of the Northeast Quarter, Section 11, being described as Lots 1, 2, 3,
4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16, BLOCK 69, WESTERVELT (aka town of
Frontenac) according to the plat on file and of record in the Office of the Recorder for
Goodhue County, Minnesota;
new text end
new text begin
(4) that part of the Northeast Quarter, Section 11, being described as BLOCK 67,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota. Including the South 30 feet
of Graham Street lying adjacent to and northerly of Lots 1 and 16, BLOCK 67 of said
plat of WESTERVELT;
new text end
new text begin
(5) that part of the Northeast Quarter, Section 11, being described as BLOCK 66,
WESTERVELT (aka town of Frontenac) according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota; and
new text end
new text begin
(6) that part of the Northeast Quarter, Section 11, being described as those parts of
Lots 1 and 9 in BLOCK 65 of the town of Frontenac lying adjacent to and northerly of the
southerly 50 feet of said Lots 1 and 9 according to the plat on file and of record in the
Office of the Recorder for Goodhue County, Minnesota.
new text end
new text begin Subd. 2.new text end
new text begin [85.012][Subd. 30.] Jay Cooke State Park, Carlton County. new text end
new text begin
Effective
upon the commissioner of natural resources entering into an agreement with the
commissioner of veterans affairs to transfer the property for use as a veterans cemetery,
the following areas are deleted from Jay Cooke State Park:
new text end
new text begin
(a) the Northeast Quarter of the Southeast Quarter lying southerly of the railroad
right-of-way, Section 21, Township 48 North, Range 16 West;
new text end
new text begin
(b) the Northwest Quarter of the Southwest Quarter lying southerly of the railroad
right-of-way, Section 22, Township 48 North, Range 16 West; and
new text end
new text begin
(c) the East 2 rods of the Southwest Quarter of the Southwest Quarter, Section
22, Township 48 North, Range 16 West.
new text end
new text begin Subd. 3. new text end
new text begin [85.012] [Subd. 35.] Lake Carlos State Park, Douglas County. new text end
new text begin
The
following area is deleted from Lake Carlos State Park: that part of Government Lot 2,
being described as EHLERT'S ADDITION according to the plat on file and of record in
the Office of the Recorder for Douglas County, Minnesota, Section 10, Township 129
North, Range 37 West, Douglas County.
new text end
new text begin Subd. 4. new text end
new text begin [85.012] [Subd. 38.] Lake Shetek State Park, Murray County. new text end
new text begin
The
following areas are deleted from Lake Shetek State Park:
new text end
new text begin
(1) Blocks 3 and 4 of Forman Acres according to the plat on file and of record in the
Office of the Recorder for Murray County;
new text end
new text begin
(2) the Hudson Acres subdivision according to the plat on file and of record in the
Office of the Recorder for Murray County; and
new text end
new text begin
(3) that part of Government Lot 6 and that part of Government Lot 7 of Section 6,
Township 107 North, Range 40 West, and that part of Government Lot 1 and that part of
Government Lot 2 of Section 7, Township 107 North, Range 40 West, Murray County,
Minnesota, described as follows:
new text end
new text begin
Commencing at the East Quarter Corner of said Section 6; thence on a bearing based
on the 1983 Murray County Coordinate System (1996 Adjustment), of South 00 degrees
22 minutes 05 seconds East 1405.16 feet along the east line of said Section 6; thence
North 89 degrees 07 minutes 01 second West 1942.39 feet; thence South 03 degrees 33
minutes 00 seconds West 94.92 feet to the northeast corner of Block 5 of FORMAN
ACRES, according to the recorded plat thereof on file and of record in the Murray County
Recorder's Office; thence South 14 degrees 34 minutes 00 seconds West 525.30 feet along
the easterly line of said Block 5 and along the easterly line of the Private Roadway of
FORMAN ACRES to the southeasterly corner of said Private Roadway and the POINT
OF BEGINNING; thence North 82 degrees 15 minutes 00 seconds West 796.30 feet along
the southerly line of said Private Roadway to an angle point on said line and an existing
1/2 inch diameter rebar; thence South 64 degrees 28 minutes 26 seconds West 100.06
feet along the southerly line of said Private Roadway to an angle point on said line and
an existing 1/2 inch diameter rebar; thence South 33 degrees 01 minute 32 seconds West
279.60 feet along the southerly line of said Private Roadway to an angle point on said line;
thence South 76 degrees 04 minutes 52 seconds West 766.53 feet along the southerly line
of said Private Roadway to a 3/4 inch diameter rebar with a plastic cap stamped "MN DNR
LS 17003" (DNR MON); thence South 16 degrees 24 minutes 50 seconds West 470.40
feet to a DNR MON; thence South 24 degrees 09 minutes 57 seconds West 262.69 feet to
a DNR MON; thence South 08 degrees 07 minutes 09 seconds West 332.26 feet to a DNR
MON; thence North 51 degrees 40 minutes 02 seconds West 341.79 feet to the east line
of Lot A of Lot 1 of LOT A OF GOV. LOT 8, OF SEC. 6 AND LOT A OF GOV. LOT
1, OF SEC 7 TP. 107 RANGE 40, according to the recorded plat thereof on file and of
record in the Murray County Recorder's Office and a DNR MON; thence South 14 degrees
28 minutes 55 seconds West 71.98 feet along the east line of said Lot A to the northerly
most corner of Lot 36 of HUDSON ACRES, according to the record plat thereof on file
and of record in the Murray County Recorder's Office and an existing steel fence post;
thence South 51 degrees 37 minutes 05 seconds East 418.97 feet along the northeasterly
line of said Lot 36 and along the northeasterly line of Lots 35, 34, 33, 32 of HUDSON
ACRES to an existing 1 inch inside diameter iron pipe marking the easterly most corner of
Lot 32 and the most northerly corner of Lot 31A of HUDSON ACRES; thence South 48
degrees 33 minutes 10 seconds East 298.26 feet along the northeasterly line of said Lot
31A to an existing 1 1/2 inch inside diameter iron pipe marking the easterly most corner
thereof and the most northerly corner of Lot 31 of HUDSON ACRES; thence South 33
degrees 53 minutes 30 seconds East 224.96 feet along the northeasterly line of said Lot 31
and along the northeasterly line of Lots 30 and 29 of HUDSON ACRES to an existing 1
1/2 inch inside diameter iron pipe marking the easterly most corner of said Lot 29 and
the most northerly corner of Lot 28 of HUDSONS ACRES; thence South 45 degrees 23
minutes 54 seconds East 375.07 feet along the northeasterly line of said Lot 28 and along
the northeasterly line of Lots 27, 26, 25, 24 of HUDSON ACRES to an existing 1 1/2 inch
inside diameter iron pipe marking the easterly most corner of said Lot 24 and the most
northerly corner of Lot 23 of HUDSON ACRES; thence South 64 degrees 39 minutes
53 seconds East 226.80 feet along the northeasterly line of said Lot 23 and along the
northeasterly line of Lots 22 and 21 of HUDSON ACRES to an existing 1 1/2 inch inside
diameter iron pipe marking the easterly most corner of said Lot 21 and the most northerly
corner of Lot 20 of HUDSON ACRES; thence South 39 degrees 49 minutes 49 seconds
East 524.75 feet along the northeasterly line of said Lot 20 and along the northeasterly
line of Lots 19, 18, 17, 16, 15, 14 of HUDSON ACRES to an existing 1 1/2 inch inside
diameter iron pipe marking the easterly most corner of said Lot 14 and the most northerly
corner of Lot 13 of HUDSON ACRES; thence South 55 degrees 31 minutes 43 seconds
East 225.11 feet along the northeasterly line of said Lot 13 and along the northeasterly
line of Lots 12 and 11 of HUDSON ACRES to an existing 1 1/2 inch inside diameter iron
pipe marking the easterly most corner of said Lot 11 and the northwest corner of Lot 10
of HUDSON ACRES; thence South 88 degrees 03 minutes 49 seconds East 224.90 feet
along the north line of said Lot 10 and along the north line of Lots 9 and 8 of HUDSON
ACRES to an existing 1 1/2 inch inside diameter iron pipe marking the northeast corner
of said Lot 8 and the northwest corner of Lot 7 of HUDSON ACRES; thence North 84
degrees 07 minutes 37 seconds East 525.01 feet along the north line of said Lot 7 and
along the north line of Lots 6, 5, 4, 3, 2, 1 of HUDSON ACRES to an existing 1 1/2 inch
inside diameter iron pipe marking the northeast corner of said Lot 1 of HUDSON ACRES;
thence southeasterly, easterly and northerly along a non-tangential curve concave to the
north having a radius of 50.00 feet, central angle 138 degrees 41 minutes 58 seconds, a
distance of 121.04 feet, chord bears North 63 degrees 30 minutes 12 seconds East; thence
continuing northwesterly and westerly along the previously described curve concave to
the south having a radius of 50.00 feet, central angle 138 degrees 42 minutes 00 seconds, a
distance of 121.04 feet, chord bears North 75 degrees 11 minutes 47 seconds West and
a DNR MON; thence South 84 degrees 09 minutes 13 seconds West not tangent to said
curve 520.52 feet to a DNR MON; thence North 88 degrees 07 minutes 40 seconds West
201.13 feet to a DNR MON; thence North 55 degrees 32 minutes 12 seconds West 196.66
feet to a DNR MON; thence North 39 degrees 49 minutes 59 seconds West 530.34 feet to
a DNR MON; thence North 64 degrees 41 minutes 41 seconds West 230.01 feet to a DNR
MON; thence North 45 degrees 23 minutes 00 seconds West 357.33 feet to a DNR MON;
thence North 33 degrees 53 minutes 32 seconds West 226.66 feet to a DNR MON; thence
North 48 degrees 30 minutes 31 seconds West 341.45 feet to a DNR MON; thence North
08 degrees 07 minutes 09 seconds East 359.28 feet to a DNR MON; thence North 24
degrees 09 minutes 58 seconds East 257.86 feet to a DNR MON; thence North 16 degrees
24 minutes 50 seconds East 483.36 feet to a DNR MON; thence North 76 degrees 04
minutes 53 seconds East 715.53 feet to a DNR MON; thence North 33 degrees 01 minute
32 seconds East 282.54 feet to a DNR MON; thence North 64 degrees 28 minutes 25
seconds East 84.97 feet to a DNR MON; thence South 82 degrees 15 minutes 00 seconds
East 788.53 feet to a DNR MON; thence North 07 degrees 45 minutes 07 seconds East
26.00 feet to the point of beginning; containing 7.55 acres.
new text end
new text begin Subd. 5. new text end
new text begin [85.012] [Subd. 44a.] Moose Lake State Park, Carlton County. new text end
new text begin
The
following areas are deleted from Moose Lake State Park, all in Township 46 North, Range
19 West, Carlton County:
new text end
new text begin
(1) Parcel A: the West 660.00 feet of the Southwest Quarter of the Northeast Quarter
of Section 28;
new text end
new text begin
(2) Parcel B: the West 660.00 feet of the Northwest Quarter of the Southeast Quarter
of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the
centerline of State Trunk Highway 73, and subject to a taking for highway purposes of a
100.00-foot wide strip for access and also subject to highway and road easements;
new text end
new text begin
(3) Parcel C: the West 660.00 feet of the Southwest Quarter of the Southeast Quarter
of Section 28 lying northerly of a line 75.00 feet northerly of and parallel with the
centerline of State Trunk Highway 73, and subject to taking for highway purposes of a
road access under S.P. 0919 (311-311) 901 from State Trunk Highway 73 to old County
Road 21, said access being 100.00 feet in width with triangular strips of land adjoining it at
the northerly line of State Trunk Highway 73, and subject to highway and road easements;
new text end
new text begin
(4) Parcel G: that part of Government Lot 1 of Section 28, which lies northerly of the
westerly extension of the northerly line of the Southwest Quarter of the Northeast Quarter
of said Section 28, and southerly of the westerly extension of the northerly line of the
South 660.00 feet of the Northwest Quarter of the Northeast Quarter of said Section 28;
new text end
new text begin
(5) Parcel H: the South 660.00 feet of the Northwest Quarter of the Northeast
Quarter of Section 28;
new text end
new text begin
(6) Parcel I: the Southwest Quarter of the Northeast Quarter of Section 28, except
the West 660.00 feet of said Southwest Quarter; and
new text end
new text begin
(7) Parcel J: that part of the North One-Half of the Southeast Quarter of Section 28,
described as follows: Commencing at the northwest corner of said North One-Half of the
Southeast Quarter; thence South 89 degrees 57 minutes 36 seconds East along the north
line of said North One-Half of the Southeast Quarter a distance of 660.01 feet to the east
line of the West 660.00 feet of said North One-Half of the Southeast Quarter and the actual
point of beginning; thence continue South 89 degrees 57 minutes 36 seconds East along
the north line of said North One-Half of the Southeast Quarter a distance of 657.40 feet to
the southeast corner of the Southwest Quarter of the Northeast Quarter of said Section 28;
thence South 00 degrees 19 minutes 17 seconds West, parallel to the west line of said North
One-Half of the Southeast Quarter a distance of 715.12 feet to the westerly right-of-way
of US Interstate Highway 35; thence along said westerly right-of-way of US Interstate
Highway 35 a distance of 457.86 feet on a nontangential curve, concave to the southeast,
having a radius of 1,054.93 feet, a central angle of 24 degrees 52 minutes 03 seconds, and
a chord bearing of South 39 degrees 00 minutes 37 seconds West; thence South 46 degrees
44 minutes 11 seconds West along said westerly right-of-way of US Interstate Highway 35
a distance of 295.30 feet to the northerly right-of-way of Minnesota Trunk Highway 73;
thence 163.55 feet along said northerly right-of-way of Minnesota Trunk Highway 73 on
a nontangential curve, concave to the south, having a radius of 1,984.88 feet, a central
angle of 4 degrees 43 minutes 16 seconds, and a chord bearing of South 77 degrees 39
minutes 40 seconds West to the east line of the West 660.00 feet of said North One-Half of
the Southeast Quarter; thence North 00 degrees 19 minutes 17 seconds East a distance of
1,305.90 feet, more or less, to the point of beginning and there terminating.
new text end
Sec. 20. new text begin ADDITIONS TO STATE RECREATION AREAS.
new text end
new text begin
[85.013] [Subd. 11a.] Garden Island State Recreation Area, Lake of the Woods
County. The following areas are added to Garden Island State Recreation Area, Lake of
the Woods County:
new text end
new text begin
(1) Bureau of Land Management Island County Control Number 013 (aka Bridges
Island) within Lake of the Woods and located in Section 9, Township 165 North, Range
32 West;
new text end
new text begin
(2) Bureau of Land Management Island County Control Number 014 (aka Knight
Island) within Lake of the Woods and located in Section 22, Township 165 North, Range
32 West; and
new text end
new text begin
(3) Bureau of Land Management Island County Control Number 015 (aka Babe
Island) within Lake of the Woods and located in Section 17, Township 166 North, Range
32 West.
new text end
Sec. 21. new text begin ADDITIONS TO BIRCH LAKES STATE FOREST.
new text end
new text begin
[89.021] [Subd. 7.] Birch Lakes State Forest. The following area is added to
Birch Lakes State Forest: the East Half of the Northeast Quarter, Section 35, Township
127 North, Range 33 West, Stearns County.
new text end
Sec. 22. new text begin LEASE OF TAX-FORFEITED AND STATE LANDS.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary,
St. Louis County may enter a 30-year lease of tax-forfeited land for a wind energy project.
new text end
new text begin
(b) The commissioner of natural resources may enter a 30-year lease of land
administered by the commissioner for a wind energy project.
new text end
Sec. 23. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION
LAND BORDERING PUBLIC WATER; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, and the classification and
public sale provisions of Minnesota Statutes, chapters 84A and 282, the commissioner of
natural resources may sell by public or private sale the consolidated conservation land
bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
survey costs and appraised value of the land and timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end
new text begin
(c) The land that may be sold is located in Aitkin County and is described as: the
East 132 feet of the West 396 feet, less the North 40 feet of Government Lot 8, Section 19,
Township 50 North, Range 23 West, containing 3.74 acres, more or less.
new text end
new text begin
(d) The land borders Aitkin Lake with privately-owned land to the east and west. The
land has been subject to continued trespasses by adjacent landowners. The Department of
Natural Resources has determined that the land is not needed for natural resource purposes.
new text end
Sec. 24. new text begin PUBLIC OR PRIVATE SALE OF CONSOLIDATED CONSERVATION
LAND; AITKIN COUNTY.
new text end
new text begin
(a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, Aitkin County may sell by public or private sale the
consolidated conservation lands that are described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
survey costs and appraised value of the land and timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end
new text begin
(c) The lands that may be sold are located in Aitkin County and are described as:
new text end
new text begin
(1) that part of the Northwest Quarter of the Southeast Quarter, Section 31, Township
49 North, Range 22 West, lying east of County State-Aid Highway 6, containing 3 acres,
more or less;
new text end
new text begin
(2) that part of Government Lot 11, Section 3, Township 47 North, Range 26 West,
lying north of County Road 54, containing 2 acres, more or less;
new text end
new text begin
(3) that part of Government Lot 1, Section 19, Township 51 North, Range 25 West,
lying southwest of the ditch, containing 20 acres, more or less;
new text end
new text begin
(4) that part of the Southwest Quarter of the Southwest Quarter, Section 13,
Township 51 North, Range 26 West, lying south of the ditch, containing 12 acres, more or
less; and
new text end
new text begin
(5) that part of the South Half of the Southeast Quarter, Section 13, Township 51
North, Range 26 West, lying south of the ditch, containing 40 acres, more or less.
new text end
new text begin
(d) The lands are separated from management units by roads or ditches. The
Department of Natural Resources has determined that the lands are not needed for natural
resource purposes.
new text end
Sec. 25. new text begin PRIVATE SALE OF SURPLUS STATE LAND; BELTRAMI COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, and upon
completion of condemnation of the school trust land interest, the commissioner of natural
resources may sell by private sale to Cormant Township the surplus land that is described
in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to Cormant Township for less than the value
of the land as determined by the commissioner, but the conveyance must provide that the
land described in paragraph (c) be used for the public and reverts to the state if Cormant
Township fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Beltrami County and is described as: that
part of the Northeast Quarter of the Southeast Quarter, Section 15, Township 151 North,
Range 31 West, Beltrami County, Minnesota, described as follows: Commencing at the
northeast corner of said Northeast Quarter of the Southeast Quarter; thence West along the
north line of said Northeast Quarter of the Southeast Quarter to the northwest corner of
said Northeast Quarter of the Southeast Quarter and the POINT OF BEGINNING of the
property to be described; thence East a distance of 76 feet, along said north line; thence
South a distance of 235 feet; thence West a distance of 76 feet to the west line of said
Northeast Quarter of the Southeast Quarter; thence North a distance of 235 feet along said
west line to the point of beginning. Containing 0.41 acre, more or less.
new text end
new text begin
(d) Cormant Cemetery has inadvertently trespassed upon the land. The Department
of Natural Resources has determined that the state's land management interests would
best be served if the land was conveyed to Cormant Township and managed as part of
the cemetery. Since the land is currently school trust land, the Department of Natural
Resources shall first condemn the school trust interest prior to conveyance to Cormant
Township.
new text end
Sec. 26. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; BELTRAMI COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Beltrami County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Beltrami County and is described as: the easterly
350 feet of the following described parcel: Northland Addition to Bemidji Lots E, G, H,
I, J, Section 8, Township 146 North, Range 33 West, and all that part of Unplatted Lot
1, Section 17, Township 146 North, Range 33 West and the Minneapolis, Red Lake, and
Manitoba Railway right-of-way lying West of Park Avenue and within Lot 1 except that
part of the MRL&M RY R/W lying north of the north boundary line of Lot E, Northland
Addition to Bemidji.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 27. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; CARLTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, Carlton County may sell by public sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota Statutes,
chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Carlton County and is described as: The SE1/4
of the SE1/4 of Section 31, Township 47 North, Range 17 West, Blackhoof Township.
new text end
new text begin
(d) The Carlton County Board of Commissioners has classified the parcel as
nonconservation and has determined that the county's land management interests would
best be served if the parcel was returned to private ownership.
new text end
Sec. 28. new text begin EXCHANGE OF STATE LAND WITHIN CARVER HIGHLANDS
WILDLIFE MANAGEMENT AREA; CARVER COUNTY.
new text end
new text begin
(a) The commissioner of natural resources may, with the approval of the Land
Exchange Board as required under the Minnesota Constitution, article XI, section 10, and
according to the provisions of Minnesota Statutes, sections 94.343 to 94.347, exchange
the lands described in paragraph (b).
new text end
new text begin
(b) The lands to be exchanged are located in Carver County and are described as:
new text end
new text begin
(1) that part of the South Half of the Northwest Quarter and that part of the
Northwest Quarter of the Southwest Quarter lying northwesterly of the following
described line: Beginning on the north line of the South Half of the Northwest Quarter,
1,815 feet East of the northwest corner thereof; thence southwesterly 3,200 feet, more or
less, to the southwest corner of the Northwest Quarter of the Southwest Quarter and there
terminating, all in Section 30, Township 115 North, Range 23 West;
new text end
new text begin
(2) the Southeast Quarter of the Northeast Quarter, the West Half of the Southeast
Quarter of the Southeast Quarter, and that part of the North Half of the Southeast Quarter
lying easterly of County State-Aid Highway 45, all in Section 25, Township 115 North,
Range 24 West;
new text end
new text begin
(3) the Northwest Quarter of the Northeast Quarter of the Northeast Quarter and the
North Half of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter, all
in Section 36, Township 115 North, Range 24 West; and
new text end
new text begin
(4) the Northwest Quarter of the Northwest Quarter, Section 6, Township 114 North,
Range 23 West.
new text end
new text begin
(c) The lands were acquired in part with bonding appropriations. The exchange with
the United States Fish and Wildlife Service will consolidate land holdings, facilitate
management of the lands, and provide additional wildlife habitat acres to the state.
new text end
Sec. 29. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CHIPPEWA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Chippewa County
may convey to Chippewa County for no consideration the surplus land bordering public
water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The conveyance must provide that the land described in paragraph
(c) be used for the public and reverts to the state if the county fails to provide for public
use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be conveyed is located in Chippewa County and is described
as follows:
new text end
new text begin
(1) Tract 1: a tract in Government Lot 2 described as: beginning at the southeast
corner of Lot 6, Block 1, Original Plat Wegdahl; thence West 50 feet South, 50 Feet West
on a line 50 feet South of the south line of Block 1 to the river; thence southeasterly
along the river to a point 165 feet South of the south line of Block 1; thence East on a
line parallel with the south line of Block 1, to the intersection with the continuation of the
east line of Lot 6, Block 1; thence North 165 feet to the point of beginning, Section 3,
Township 116, Range 40;
new text end
new text begin
(2) Tract 2: a 50 foot strip adjacent to Block 1, Original Plat Wegdahl on South from
Lot 3 to river, in Section 3, Township 116, Range 40; and
new text end
new text begin
(3) Tract 3: Lot 1, Block 2, Aadlands Subdivision.
new text end
new text begin
(d) The county will use the land to establish a public park.
new text end
Sec. 30. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; CLEARWATER COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Clearwater County may sell the tax-forfeited land bordering public water that is described
in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Clearwater County and is described as: Parcel
11.300.0020.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 31. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER OR WETLANDS; DAKOTA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45, 103F.535, and 282.018,
subdivision 1, and the public sale provisions of Minnesota Statutes, chapter 282, Dakota
County may convey to Dakota County for no consideration the tax-forfeited land
bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if Dakota County stops using the land for the public
purpose described in paragraph (d). The conveyance is subject to restrictions imposed by
the commissioner of natural resources. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Dakota County and is described as:
new text end
new text begin
That part of Government Lots 7 and 8, Section 26, Township 28, Range 22, lying
southeasterly of Lot 2, AUDITORS SUBDIVISION NO. 23, according to the recorded
plat thereof, and lying easterly of the railroad right-of-way and lying northwesterly of the
following described line:
new text end
new text begin
Commencing at the southwest corner of said Government Lot 7; thence North,
assumed bearing, along the west line of said Government Lot 7, a distance of 178.00
feet; thence northeasterly along a nontangential curve concave to the southeast a
distance of 290.00 feet, said curve having a radius of 764.50 feet, a central angle of
21 degrees 43 minutes 57 seconds, a chord of 288.24 feet and a chord bearing of
North 24 degrees 29 minutes 20 seconds East; thence continuing northeasterly along
a tangent curve concave to the southeast a distance of 350.00 feet, said curve having
a radius of 708.80 feet, a central angle of 28 degrees 17 minutes 32 seconds, a chord
of 346.46 feet and a chord bearing of North 49 degrees 30 minutes 04 seconds East;
thence North 63 degrees 38 minutes 50 seconds East tangent to the last described
curve a distance of 578.10 feet, to a point hereinafter referred to as Point B; thence
continuing North 63 degrees 38 minutes 50 seconds East a distance of 278.68 feet,
more or less, to the westerly right-of-way line of the Chicago, Rock Island and
Pacific Railroad, said point being the point of beginning of the line to be described;
thence North 63 degrees 38 minutes 50 seconds East a distance of 225.00 feet, more
or less, to the shoreline of the Mississippi River and there terminating. (Dakota
County tax identification number 36-02600-016-32).
new text end
new text begin
(d) The county has determined that the land is needed as a trail corridor for the
Mississippi River Regional Trail.
new text end
Sec. 32. new text begin PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to the city of Wayzata the surplus land that is
described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to the city of Wayzata, for less than the value
of the land as determined by the commissioner, but the conveyance must provide that the
land described in paragraph (c) be used for the public and reverts to the state if the city of
Wayzata fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in Hennepin County and is described as:
Tract F, Registered Land Survey No. 1168.
new text end
new text begin
(d) The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to the city of
Wayzata.
new text end
Sec. 33. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ITASCA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may
sell to Itasca County the tax-forfeited land bordering public water that is described in
paragraph (c), for the appraised value of the land.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is in Itasca County and is described as: the North 1,100 feet
of Government Lot 1, Section 26, Township 56 North, Range 26 West.
new text end
new text begin
(d) The county has determined that the county's land management interests would be
best served if the land was under the direct ownership of Itasca County.
new text end
Sec. 34. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; MARSHALL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Marshall County may sell the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Marshall County and is described as: that part of
the westerly ten acres of the North Half of the Northeast Quarter lying southerly of the
following described line: Commencing at the quarter section corner between Sections 2
and 11; thence South along the quarter section line a distance of 1,080 feet to the northern
edge of County Ditch #25, the point of beginning; thence upstream along said ditch North
40 degrees East 95 feet; thence South 41 degrees East 500 feet to the intersection with
State Ditch #83; thence along said state ditch North 52 degrees 50 minutes East 196 feet;
thence East 2,092 feet to the section line between Sections 11 and 12.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 35. new text begin EXCHANGE OF STATE LAND WITHIN LAKE LOUISE STATE
PARK; MOWER COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 94.342, subdivision 4, the
commissioner of natural resources may, with the approval of the Land Exchange Board as
required under the Minnesota Constitution, article XI, section 10, and according to the
remaining provisions of Minnesota Statutes, sections 94.342 to 94.347, exchange the land
located within state park boundaries that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The state land that may be exchanged is located in Mower County and is
described as: that part of the Southeast Quarter of the Southwest Quarter of the Southeast
Quarter of Section 20, Township 101 North, Range 14 West, Mower County, Minnesota,
described as follows: Beginning at a point on the south line of said Section 20 a distance
of 1,039.50 feet (63 rods) East of the south quarter corner of said Section 20; thence North
at right angles to said south line 462.00 feet (28 rods); thence West parallel to said south
line 380.6 feet, more or less, to the west line of said Southeast Quarter of the Southwest
Quarter of the Southeast Quarter; thence South along said west line 462 feet, more or less,
to the south line of said Section 20; thence East along said south line 380.6 feet, more
or less, to the point of beginning, containing 4.03 acres.
new text end
new text begin
(d) The exchange would resolve an unintentional trespass by the Department of
Natural Resources of a horse trail that is primarily located within Lake Louise State Park
and provide for increased access to the state park.
new text end
Sec. 36. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 19, Township 133, Range 42, River's Bend Reserve, Lot B.
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 37. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 24, Township 136, Range 41, Crystal Beach, Lot 56, Block 1.
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 38. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 9, Township 133, Range 43, South 212 feet of Sub Lot 6 and South 212 feet
of Sub Lot 7, except tract and except platted (1.19) acres.
new text end
new text begin
(d) The Department of Natural Resources has no objection to the sale of this land.
new text end
Sec. 39. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 10, Township 134, Range 42, Heilberger Lake Estates, Reserve Lot A.
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 40. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 31, Township 137, Range 39, Government Lot 5 (37.20 acres).
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 41. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 29, Township 137, Range 40, Freedom Flyer Estates, Lot 26, Block 1.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 42. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Quiet Waters Development Outlot A.
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 43. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 9, Township 136, Range 38, part of Government Lot 4 North and East of
highway (Book 307, Page 31).
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 44. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 9, Township 136, Range 38, Elm Rest, part of Lots 3, 4, 5, and 6 and of
Reserve A lying North of road (Book 307, Page 31).
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 45. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 27, Township 135, Range 39, Government Lot 7 (9.50 acres).
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 46. new text begin PRIVATE SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, Otter Tail County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 9, Township 135, Range 41, Government Lot 2, except tracts (7.77 acres).
new text end
new text begin
(d) The sale would be to the adjacent landowner and the Department of Natural
Resources has determined that the land is not appropriate for the department to manage.
new text end
Sec. 47. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
38609 County Highway 41, Section 9, Township 135, Range 41, part of Government
Lot 2 beginning 275 feet West, 1,021.36 feet southwesterly, 1,179 feet southeasterly, 132
feet South from northeast corner Section 9; East 33 feet, southerly 314 feet, West 33 feet,
northerly on lake East 110 feet to beginning.
new text end
Sec. 48. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 27, Township 132, Range 41, Stalker View Acres, Lot 6, Block 1.
new text end
Sec. 49. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 33, Township 135, Range 36, North Half of Sub Lot 5 of the Southwest
Quarter (7.07 acres).
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 50. new text begin PUBLIC SALE OF TAX-FORFEITED LANDS BORDERING PUBLIC
WATER; OTTER TAIL COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Otter Tail County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Otter Tail County and is described as:
new text end
new text begin
Section 33, Township 135, Range 36, South Half of Sub Lot 5 of the Southwest
Quarter (7.06 acres).
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 51. new text begin PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND;
ROSEAU COUNTY.
new text end
new text begin
(a) Notwithstanding the classification and public sale provisions of Minnesota
Statutes, chapters 84A and 282, the commissioner of natural resources may sell by private
sale the consolidated conservation land that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy. The consideration for the conveyance must be for no less than the
survey costs and the appraised value of the land and timber. Proceeds shall be disposed of
according to Minnesota Statutes, chapter 84A.
new text end
new text begin
(c) The land that may be sold is located in Roseau County and is described as: the
North 75 feet of the East 290.4 feet of the West 489.85 feet of the East 1,321.15 feet
of the Northeast Quarter, Section 35, Township 160 North, Range 38 West, containing
0.5 acres, more or less.
new text end
new text begin
(d) The land would be sold to the current leaseholder who through an inadvertent
trespass located a cabin, septic system, and personal property on the state land. The
Department of Natural Resources has determined that the land is not needed for natural
resource purposes.
new text end
Sec. 52. new text begin PRIVATE SALE OF SURPLUS STATE LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to St. Louis County the surplus land that is
described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner may sell to St. Louis County for less than the value of
the land as determined by the commissioner, but the conveyance must provide that the
land described in paragraph (c) be used for the public and reverts to the state if St. Louis
County fails to provide for public use or abandons the public use of the land.
new text end
new text begin
(c) The land that may be sold is located in St. Louis County and is described as: an
undivided 1/12 interest in Government Lot 6, Section 6, Township 62 North, Range 13
West, containing 35.75 acres, more or less.
new text end
new text begin
(d) The land was gifted to the state. The remaining 11/12 undivided interest in
the land is owned by the state in trust for the taxing districts and administered by St.
Louis County. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to St. Louis County.
new text end
Sec. 53. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may
sell or convey to the state acting by and through its commissioner of natural resources,
the tax-forfeited land bordering public water that is described in paragraph (c), under the
provisions of Minnesota Statutes, section 282.01, subdivision 1a.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The land that may be sold is located in St. Louis County and is described as: Lot
7, Klimek's Addition to Grand Lake, according to the plat thereof on file and of record
in the Office of the County Recorder, St. Louis County.
new text end
new text begin
(d) The county has determined that the land is not needed for county management
purposes and the Department of Natural Resources would like to acquire the land for use
as a public water access site to Little Grand Lake.
new text end
Sec. 54. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may sell by private sale the tax-forfeited land bordering public water that is described in
paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make changes to the land description to correct errors and ensure
accuracy. Prior to the sales, the commissioner of revenue shall grant permanent
conservation easements according to Minnesota Statutes, section 282.37, to provide
riparian protection and public access to shore fishing. The easements for land described in
paragraph (c), clauses (1) to (3), shall be 450 feet in width from the centerline of the river.
The easements for land described in paragraph (c), clauses (4) and (5), shall be 300 feet in
width from the centerline of the river. The easements must be approved by the St. Louis
County Board and the commissioner of natural resources.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) Lot 5 except railroad right-of-way 3.15 acres, Section 2, T50N, R18W (23.35
acres) (535-0010-00210);
new text end
new text begin
(2) Lot 7 except railroad right-of-way 3.9 acres, Section 2, T50N, R18W (30.1
acres) (535-0010-00300);
new text end
new text begin
(3) Lot 5 except railroad right-of-way 3 acres, Section 12, T50N, R18W (36 acres)
(535-0010-01910);
new text end
new text begin
(4) Lot 2 except railroad right-of-way, Section 35, T51N, R18W (22.5 acres)
(310-0010-05650); and
new text end
new text begin
(5) Lot 1 except GN railroad right-of-way, Section 35, T51N, R18W (34 acres)
(110-0040-00160).
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 55. new text begin PUBLIC SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
St. Louis County may sell the tax-forfeited land bordering public water that is described
in paragraph (d) under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) Prior to the sales of the land described in paragraph (d), clauses (1), (2), and
(10) to (12), the commissioner of revenue shall grant permanent conservation easements
according to Minnesota Statutes, section 282.37, to provide riparian protection and public
access for angling. The easements must be approved by the St. Louis County Board and
the commissioner of natural resources. The easements shall be for lands described in
paragraph (d):
new text end
new text begin
(1) clause (1), 75 feet in width on each side of the centerline of the creek;
new text end
new text begin
(2) clause (2), 200 feet in width on each side of the centerline of the river;
new text end
new text begin
(3) clause (10), 100 feet in width on each side of the centerline of the river; and
new text end
new text begin
(4) clauses (11) and (12), 50 feet in width on each side of the centerline of the stream.
new text end
new text begin
(d) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) N 1/2 of NW 1/4 of NE 1/4 of SE 1/4, Section 22, T51N, R14W (5 acres)
(520-0016-00590);
new text end
new text begin
(2) SW 1/4 of SW 1/4, Section 8, T50N, R16W (40 acres) (530-0010-01510);
new text end
new text begin
(3) undivided 1/6 and undivided 1/2 of Lot 9, Thompson Lake Addition, Section 12,
T53N, R14W (375-0120-00091, 375-0120-00094);
new text end
new text begin
(4) SLY 200 FT OF NLY 1,220 FT OF LOT 4, Section 20, T54N, R18W (9.5 acres)
(405-0010-03394);
new text end
new text begin
(5) PART OF SW 1/4 OF SE 1/4 LYING N OF SLY 433 FT, Section 36, T57N,
R21W (25 acres) (141-0050-07345);
new text end
new text begin
(6) PART OF SE 1/4 OF SW 1/4 LYING W OF DW & P RY AND N OF PLAT OF
HALEY, Section 23, T63N, R19W (11 acres) (350-0020-03730);
new text end
new text begin
(7) SE 1/4 of NW 1/4, Section 26, T58N, R19W (40 acres) (385-0010-02610);
new text end
new text begin
(8) NE 1/4 of SW 1/4, Section 20, T59N, R20W (40 acres) (235-0030-03110);
new text end
new text begin
(9) LOT 4, Section 2, T61N, R19W (40 acres) (200-0010-00230);
new text end
new text begin
(10) SW 1/4 of SE 1/4, Section 19, T50N, R16W (40 acres) (530-0010-03570);
new text end
new text begin
(11) LOTS 15, 16, 17, 18, 19, BLOCK 1, COLMANS 4th ACRE TRACT
ADDITION TO DULUTH, Section 33, T51N, R14W (520-0090-00150, -00160, -00180);
and
new text end
new text begin
(12) BLOCKS 17, 18, and 20, PLAT OF VERMILION TRAIL LODGE, Section
13, T62N, R14W.
new text end
new text begin
(e) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 56. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited
land described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
Lots 20 and 21, Plat of Twin Lakes, Government Lot 3, Section 32, T60N, R19W
(1.1 acres) (385-0070-00200).
new text end
new text begin
(d) This sale resolves an unintentional trespass. The county has determined that the
county's land management interests would best be served if the lands were returned to
private ownership.
new text end
Sec. 57. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis County
may convey to the state for no consideration the tax-forfeited land bordering public water
that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be according to Minnesota Statutes, section 282.01,
subdivision 2, and in a form approved by the attorney general. The attorney general may
make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in St. Louis County and is described as:
new text end
new text begin
(1) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 2 lying southeasterly of the southeasterly right-of-way of the St.
Paul and Duluth and Northern Pacific Railway including riparian rights.
new text end
new text begin
EXCEPT: that part of Government Lot 2 beginning at the intersection of the south
line of Lot 2 and the southeasterly right-of-way of the St. Paul and Duluth and Northern
Pacific Railway; thence easterly along the south line of said Lot 2 a distance of 150
feet to a point; thence deflect to the left and continue in a straight line to a point on the
southeasterly line of said railway right-of-way said point distant 150 feet northeast of
the point of beginning; thence deflect to the left and continue southwesterly along the
southeasterly line of said railway right-of-way a distance of 150 feet to point of beginning
and there terminating.
new text end
new text begin
EXCEPT FURTHER: that part of Government Lot 2 commencing at the point of
intersection of the south line of Lot 2 and the southeasterly right-of-way of the St. Paul
and Duluth and Northern Pacific Railway; thence northeasterly along the southeasterly
line of said railway right-of-way a distance of 1,064 feet to point of beginning; thence
deflect 44 degrees, 12 minutes, 27 seconds to the right a distance of 105.44 feet to a
point; thence deflect 85 degrees, 16 minutes, 07 seconds to the left a distance of 111.92
feet more or less to a point on the southeasterly line of said railway right-of-way; thence
deflect to the left and continue northwesterly along the southeasterly line of said railway
right-of-way a distance of 160 feet more or less to point of beginning and there terminating
(010-2746-00290); and
new text end
new text begin
(2) lands in the city of Duluth, Section 23, Township 49 North, Range 15 West, that
part of Government Lot 1, including riparian rights, lying southerly of the Northern Pacific
Short Line right-of-way except 5 18/100 acres for Northern Pacific Main Line and except
a strip of land 75 feet wide and adjoining the Northern Pacific Main Line right-of-way and
formerly used as right-of-way by Duluth Transfer Railway 2 67/100 acres, also except that
part lying North of Grand Avenue 72/100 acres and except a strip of land adjacent to the
Old Transfer Railway right-of-way containing 2 13/100 acres. Revised Description #40,
Recorder of Deeds, Book 686, Page 440.
new text end
new text begin
EXCEPT: that part of Government Lot 1 lying southerly of the Northern Pacific
Short Line right-of-way and northerly of the Old Transfer Railway right-of-way.
new text end
new text begin
EXCEPT FURTHER: that part of Government Lot 1 lying southerly of the Northern
Pacific Main Line right-of-way and lying northerly of a line parallel to and lying 305 feet
southerly of the north line of said Government Lot 1 (010-2746-00245).
new text end
Sec. 58. new text begin PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
new text end
new text begin
(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
St. Louis County may sell by private sale the tax-forfeited land that is described in
paragraph (c) under the remaining provisions of Minnesota Statutes, chapter 282.
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The attorney
general may make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in St. Louis County and is described as:
new text end
new text begin
(1) that part of the South 200 feet of the West 900 feet of Government Lot 4 lying
east of State Highway 73, and that part of the North 300 feet of the West 900 feet of
Government Lot 5 lying east of State Highway 73, all in Section 6, Township 52 North,
Range 20 West;
new text end
new text begin
(2) that part of the Southeast Quarter of the Northeast Quarter lying north of County
Road 115 in Section 15, Township 62 North, Range 17 West; and
new text end
new text begin
(3) that part of the Southwest Quarter of the Northeast Quarter of Section 26,
Township 63 North, Range 12 West, lying west of the west right-of-way boundary of
County Highway 88; EXCEPTING therefrom the following described tract of land: That
part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 63 North,
Range 12 West, described as follows: Begin at a point located at the intersection of the
north and south quarter line of said section and the north boundary line of the right-of-way
of County Highway 88, said point being 494.44 feet North of the center of said section;
thence North on said north and south quarter line a distance of 216.23 feet; thence at an
angle of 90 degrees 0 minutes to the right a distance of 253.073 feet; thence at an angle
of 90 degrees 0 minutes to the right a distance of 472.266 feet to a point on the north
boundary line of the right-of-way of said County Highway 88; thence in a northwesterly
direction along the north boundary line of the right-of-way of said County Highway 88, a
distance of 360 feet to the point of beginning.
new text end
new text begin
(d) The sales authorized under this section are needed for public utility substations.
new text end
Sec. 59. new text begin PUBLIC SALE OF SURPLUS STATE LAND BORDERING PUBLIC
WATER; WADENA COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus lands bordering public water that are
described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors
and ensure accuracy.
new text end
new text begin
(c) The lands that may be sold are located in Wadena County and are described as:
new text end
new text begin
(1) Government Lot 3, Section 28, Township 135 North, Range 33 West, containing
0.01 acres, more or less;
new text end
new text begin
(2) Government Lot 2, Section 34, Township 135 North, Range 33 West, containing
1.5 acres, more or less; and
new text end
new text begin
(3) Government Lot 7, Section 30, Township 135 North, Range 35 West, containing
0.01 acres, more or less.
new text end
new text begin
(d) The lands border the Leaf River and are not contiguous to other state lands.
The Department of Natural Resources has determined that the lands are not needed for
natural resource purposes.
new text end
Sec. 60. new text begin CONVEYANCE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington County
may convey to the Comfort Lake-Forest Lake Watershed District for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general and provide
that the land reverts to the state if the Comfort Lake-Forest Lake Watershed District stops
using the land for the public purpose described in paragraph (d). The attorney general may
make changes to the land description to correct errors and ensure accuracy.
new text end
new text begin
(c) The land to be conveyed is located in Washington County and is described as:
new text end
new text begin
(1) Parcel A (PIN 05.032.21.12.0001): all that part of the Northwest Quarter of the
Northeast Quarter, Section 5, Township 32, Range 21, Washington County, Minnesota,
that lies East of Minnesota Highway 61 as relocated and South of Judicial Ditch No.
1, except the following described tracts:
new text end
new text begin
Beginning at a point where the easterly right-of-way of Minnesota Highway 61
intersects the south line of the Northwest Quarter of the Northeast Quarter, Section 5,
Township 32, Range 21, Washington County, Minnesota; thence East along said south
line of the Northwest Quarter of the Northeast Quarter of Section 5 for 194.1 feet; thence
North at right angles 435.3 feet; thence South 75 degrees 56 minutes West for 294.4 feet
to said easterly right-of-way of Minnesota Highway 61; thence South 14 degrees 04
minutes East along said easterly right-of-way of Minnesota Highway 61 for 375.0 feet to
the point of the beginning; and
new text end
new text begin
That part of the Northwest Quarter of the Northeast Quarter, Section 5, Township
32 North, Range 21 West, Washington County, Minnesota, described as follows:
commencing at the north quarter corner of Section 5; thence East along the north line of
Section 5, a distance of 538.8 feet to the easterly right-of-way line of Trunk Highway 61;
thence southeasterly deflection to the right 76 degrees 00 minutes 20 seconds, along
said highway right-of-way line, 500.4 feet to the point of beginning; thence continuing
southeasterly along said highway right-of-way line 293.7 feet to the northwest corner of
the Philip F. and Maree la J. Turcott property, as described in Book 261 of Deeds on Page
69; thence northeasterly at right angles along the northerly line of said Turcott property in
its northeasterly projection thereof, 318.4 feet, more or less, to the centerline of Sunrise
River; thence northwesterly along said Sunrise River centerline, 358 feet, more or less, to
the point of intersection with a line drawn northeasterly from the point of beginning and
perpendicular to the easterly right-of-way line of Trunk Highway 61; thence southwesterly
along said line, 154.3 feet, more or less, to the point of beginning; and
new text end
new text begin
(2) Parcel B (PIN 05.032.21.12.0004): that part of the Northwest Quarter of the
Northeast Quarter, Section 5, Township 32, Range 21, lying easterly of Highway 61
and North of Judicial Ditch No. 1.
new text end
new text begin
(d) The county has determined that the land is needed by the watershed district for
purposes of Minnesota Statutes, chapter 103D.
new text end
Sec. 61. new text begin PRIVATE SALE OF TAX-FORFEITED LAND BORDERING PUBLIC
WATER; WASHINGTON COUNTY.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision
1, and the public sale provisions of Minnesota Statutes, chapter 282, or other law to
the contrary, Washington County may sell by private sale the tax-forfeited land that is
bordering public water and described in paragraph (c).
new text end
new text begin
(b) The conveyance must be in a form approved by the attorney general and must
provide that the county or watershed district retains an easement for drainage purposes.
The attorney general may make changes to the land description to correct errors and
ensure accuracy.
new text end
new text begin
(c) The land to be sold is located in Washington County and is described as:
new text end
new text begin
All that part of the Southwest Quarter of the Southeast Quarter of Section 17,
Township 30 North, Range 21 West, Washington County, Minnesota, that lies south of
the following described parcel:
new text end
new text begin
Commencing at the northeast corner of the Southwest Quarter of the Southeast
Quarter of Section 17; thence South, assumed bearing, along the east line of said
Southwest Quarter of the Southeast Quarter, 393 feet to the point of beginning;
thence North 88 degrees 30 minutes West, on a line parallel with the north line of
said Southwest Quarter of the Southeast Quarter, 915.7 feet, more or less, to an iron
pipe; thence North 79 degrees 29 minutes West 395.5 feet, more or less, to a point on
the centerline of the county road; thence southerly along said centerline, 323.4 feet,
more or less, to a point; thence South 76 degrees 00 minutes East 251.9 feet, more or
less, to an iron pipe; thence South 88 degrees 30 minutes East 1083 feet, more or
less, to a point on the east line of said Southwest Quarter of the Southeast Quarter;
thence North, along said east line, 312 feet, more or less, to the point of beginning.
new text end
new text begin
And, lies east of the plat of Laurelside which is on file and of record in the Office of
the Washington County Recorder.
new text end
new text begin
And, lies northerly of the following described parcel:
new text end
new text begin
All that part of said Southwest Quarter of the Southeast Quarter of said Section 17,
and all that part of the Northwest Quarter of the Northeast Quarter of Section 20,
Township 30 North, Range 21 West; which is also part of vacated Block 146 and
adjacent Linden Street (now vacated) of the plat of Wildwood which is on file and
of record in the Office of the Washington County Recorder; and more specifically
described as follows:
new text end
new text begin
Commencing at the most westerly corner of Block 147, Wildwood; thence on
the northwesterly extension of the southwesterly line of Block 147, a distance of
60 feet to a point on the southeasterly side of said Block 146, which is also the
northwesterly line of Bryant Avenue; thence northeasterly along said southeasterly
side of Block 146, a distance of 92 feet to the point of beginning of the parcel to be
described; thence continuing northeasterly, along said southeasterly side of Block
146, a distance of 231 feet, more or less, to a contour line being at elevation 947 feet
above mean sea level; thence in a northwesterly direction along said contour line
for 200 feet, more or less, to its intersection with a line that is parallel with and 177
feet from said southeasterly side of Block 146 as measured at right angles; thence
southwesterly along said parallel line, 297 feet, more or less, to a point drawn at
right angles from the point of beginning; thence on a deflection angle of 90 degrees
to the left, 177 feet to the point of beginning.
new text end
new text begin
(d) The county has determined that the county's land management interests would
best be served if the lands were returned to private ownership.
new text end
Sec. 62. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 16B.281, subdivisions 2, 4, and 5; and 16B.285,
new text end
new text begin
are repealed.
new text end
Sec. 63. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective the day following final enactment.
new text end
ARTICLE 2
GAME AND FISH
Section 1.
Minnesota Statutes 2007 Supplement, section 17.4984, subdivision 1,
is amended to read:
Subdivision 1.
License required.
(a) A person or entity may not operate an aquatic
farm without first obtaining an aquatic farm license from the commissioner.
(b) Applications for an aquatic farm license must be made on forms provided by
the commissioner.
(c) Licenses are valid for five years and are transferable upon notification to the
commissioner.
(d) The commissioner shall issue an aquatic farm license on payment of the required
license fee under section 17.4988.
(e) A license issued by the commissioner is not a determination of private property
rights, but is only based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
(f) deleted text begin By January 15, 2008, the commissioner shall report to the senate and house
of representatives committees on natural resource policy and finance on policy
recommendations regarding aquaculture.deleted text end new text begin The commissioner shall not issue a new license
for aquatic farm purposes on a natural water body that has been restored with money from
migratory waterfowl stamp proceeds, credited under section 97A.075, subdivision 2,
or federal duck stamp proceeds.
new text end
new text begin
(g) Before a new aquatic farm license is issued for a natural water body, the applicant
must notify all owners of property with direct access to the water body.
new text end
Sec. 2.
Minnesota Statutes 2006, section 17.4985, subdivision 2, is amended to read:
Subd. 2.
Bill of lading.
(a) A state-issued bill of lading is required for:
(1) intrastate transportation of aquatic life other than salmonids deleted text begin anddeleted text end new text begin ,new text end catfishnew text begin , or
species on the official list of viral hemorrhagic septicemia susceptible species published by
the United States Department of Agriculture, Animal and Plant Health Inspection Services,new text end
between licensed private fish hatcheries, aquatic farms, or aquarium facilities licensed for
the species being transported if the aquatic life is being transported into a watershed where
it is not currently present, if walleyes whose original source is south of marked State
Highway 210 are being transported to a facility north of marked State Highway 210, or if
the original source of the aquatic life is outside Minnesota and contiguous states; and
(2) stocking of waters other than public waters with aquatic life other than salmonids
deleted text begin anddeleted text end new text begin ,new text end catfishnew text begin , or species on the official list of viral hemorrhagic septicemia susceptible
species published by the United States Department of Agriculture, Animal and Plant
Health Inspection Servicesnew text end .
(b) When aquatic life is transported under paragraph (a), a copy of the bill of
lading must be submitted to the regional fisheries manager at least 72 hours before the
transportation.
(c) For transportation and stocking of waters that are not public waters:
(1) a bill of lading must be submitted to the regional fisheries manager 72 hours
before transporting fish for stocking;
(2) a bill of lading must be submitted to the regional fisheries manager within five
days after stocking if the waters to be stocked are confirmed by telecopy or telephone prior
to stocking by the regional fisheries office not to be public waters; or
(3) a completed bill of lading may be submitted to the regional fisheries office
by telecopy prior to transporting fish for stocking. Confirmation that the waters to be
stocked are not public waters may be made by returning the bill of lading by telecopy or
in writing, in which cases additional copies need not be submitted to the Department of
Natural Resources.
(d) Bill of lading forms may only be issued by the Department of Natural Resources
in St. Paul, and new bill of lading forms may not be issued until all previously issued
forms have been returned.
Sec. 3.
Minnesota Statutes 2006, section 17.4985, subdivision 3, is amended to read:
Subd. 3.
Exemptions for transportation permits and bills of lading.
(a) A
state-issued bill of lading or transportation permit is not required by an aquatic farm
licensee for importationdeleted text begin ,deleted text end new text begin of animals not on the official list of viral hemorrhagic septicemia
susceptible species published by the United States Department of Agriculture, Animal and
Plant Health Inspection Services;new text end transportationdeleted text begin ,deleted text end new text begin of animals not on the official list of viral
hemorrhagic septicemia susceptible species published by the United States Department of
Agriculture, Animal and Plant Health Inspection Services;new text end or export for the following:
(1) minnows taken under an aquatic farm license in this state and transported
intrastate;
(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and
saltwater species that cannot survive in the waters of the state, which may be imported or
transported if accompanied by shipping documents;
(3) fish or fish eggs that have been processed for use as food, bait, or other purposes
unrelated to fish propagation;
(4) live fish from a licensed aquatic farm, which may be transported directly to an
outlet for processing or for other food purposes if accompanied by shipping documents;
(5) fish being exported if accompanied by shipping documents;
(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait
propagation or feeding of cultural aquatic lifenew text begin , except that if either species becomes listed
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,
then a transportation permit is requirednew text end ;
(7) species of fish that are found within the state used in connection with public
shows, exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;
(8) fish being transported through the state if accompanied by shipping documents; or
(9) intrastate transportation of aquatic life between or within licensed private fish
hatcheries, aquatic farms, or aquarium facilities licensed for the species being transported,
except where required in subdivision 2 and except that salmonids deleted text begin anddeleted text end new text begin ,new text end catfishnew text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,new text end
may only be transferred or transported intrastate without a transportation permit if they
had no record of bacterial kidney disease new text begin or viral hemorrhagic septicemia new text end at the time
they were imported into the state and if they have had a fish health inspection within the
preceding year that has shown no certifiable diseases to be present.
Aquatic life being transferred between licensed private fish hatcheries, aquatic farms,
or aquarium facilities must be accompanied by shipping documents and salmonids deleted text begin anddeleted text end new text begin ,new text end
catfishnew text begin , or species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services,new text end being transferred or transported intrastate without a transportation
permit must be accompanied by a copy of their most recent fish health inspection.
(b) Shipping documents required under paragraph (a) must show the place of origin,
owner or consignee, destination, number, and species.
Sec. 4.
Minnesota Statutes 2006, section 17.4985, subdivision 5, is amended to read:
Subd. 5.
Permit application.
An application for a transportation permit must
be made on forms provided by the commissioner. An incomplete application must be
rejected. An application for a transportation permit for salmonids deleted text begin anddeleted text end new text begin ,new text end catfishnew text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Servicesnew text end ,
their eggs, or sperm must be accompanied by certification that the source of the eggs or
sperm are free of certifiable diseases, except that eggs with enteric redmouth, whirling
disease, or furunculosis may be imported, transported, or stocked following treatment
approved by the commissioner, and fish with bacterial kidney disease new text begin or viral hemorrhagic
septicemia new text end may be imported, transported, or stocked into areas where the disease has been
deleted text begin previously introduceddeleted text end new text begin identified as being presentnew text end . A copy of the transportation permit
showing the date of certification inspection must accompany the shipment of fish while
in transit and must be available for inspection by the commissioner. By 14 days after a
completed application is received, the commissioner must approve or deny the importation
permits as provided in this section.
Sec. 5.
Minnesota Statutes 2006, section 17.4986, subdivision 1, is amended to read:
Subdivision 1.
Importation and stocking restrictions.
A person may not import
fish into or stock fish in the state without first obtaining a transportation permit with a
disease certificationnew text begin , as prescribed under section 17.4985, subdivision 5,new text end when required or
a bill of lading from the commissioner, unless the person is exempted.
Sec. 6.
Minnesota Statutes 2006, section 17.4986, subdivision 2, is amended to read:
Subd. 2.
Licensed facilities.
(a) The commissioner shall issue transportation
permits to import:
(1) indigenous and naturalized species except trout, salmon, deleted text begin anddeleted text end catfishnew text begin , or species
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services,
and spermnew text end from any source to a standard facility;
(2) trout, salmon, deleted text begin anddeleted text end catfishnew text begin , or species on the official list of viral hemorrhagic
susceptible species published by the United States Department of Agriculture, Animal
and Plant Health Inspection Services,new text end from a nonemergency enzootic disease area to a
containment facility if the fish are certified within the previous year to be free of certifiable
diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may
be imported following treatment approved by the commissioner, and fish with bacterial
kidney diseasenew text begin or viral hemorrhagic septicemianew text end may be imported into areas where the
disease has been deleted text begin previously introduceddeleted text end new text begin identified as being presentnew text end ; and
(3) trout, salmon, deleted text begin anddeleted text end catfishnew text begin , or species on the official list of viral hemorrhagic
septicemia susceptible species published by the United States Department of Agriculture,
Animal and Plant Health Inspection Services,new text end from a facility in a nonemergency enzootic
disease area with a disease-free history of three years or more to a standard facility, except
that eggs with enteric redmouth, whirling disease, or furunculosis may be imported
following treatment approved by the commissioner, and fish with bacterial kidney disease
new text begin or viral hemorrhagic septicemia new text end may be imported into areas where the disease has been
deleted text begin previously introduceddeleted text end new text begin identified as being presentnew text end .
(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a
history free from disease, aquatic life may only be imported into a quarantine facility.
Sec. 7.
Minnesota Statutes 2006, section 17.4986, subdivision 4, is amended to read:
Subd. 4.
Disease-free history.
Disease-free histories required under this section
must include the results of a fish health inspection. When disease-free histories of more
than one year are required for importing salmonids deleted text begin ordeleted text end new text begin ,new text end catfishnew text begin , or species on the official
list of viral hemorrhagic septicemia susceptible species published by the United States
Department of Agriculture, Animal and Plant Health Inspection Servicesnew text end , the disease
history must be of consecutive years that include the year previous to, or the year of,
the transportation request.
Sec. 8.
Minnesota Statutes 2006, section 17.4987, is amended to read:
17.4987 STOCKING PRIVATE AQUATIC LIFE.
(a) A person may not release private aquatic life into public waters that are not
licensed as part of an aquatic farm without first obtaining a transportation permit from the
commissioner. The commissioner maynew text begin :new text end
new text begin (1) new text end new text begin new text end deny issuance of a permit if releasing the private aquatic life is not consistent
with the management plan for the public watersdeleted text begin .deleted text end new text begin ; andnew text end
new text begin
(2) approve the import, transport, and stocking of fish with bacterial kidney disease
or viral hemorrhagic septicemia into areas or waters where either disease has been
identified as being present.
new text end
new text begin (b) new text end The commissioner shall make management plans available to the public.
deleted text begin (b)deleted text end new text begin (c)new text end If a permit is denied, the commissioner must provide reasons for the denial
in writing.
Sec. 9.
Minnesota Statutes 2006, section 17.4988, subdivision 3, is amended to read:
Subd. 3.
Inspection fees.
deleted text begin
The fees for the following inspections are:
deleted text end
new text begin
The
commissioner may, by written order published in the State Register, establish fees for
the services listed in clauses (1) to (3). The fees must be set in an amount that does not
recover significantly more or less than the cost of providing the service. The fees are not
subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
services covered under this provision include:
new text end
(1) initial inspection of each water to be licenseddeleted text begin , $50deleted text end ;
(2) fish health inspection and certification, deleted text begin $60 plus $150 per lot thereafterdeleted text end new text begin including
initial tissue sample collection, basic fish health assessment, viral pathogen testing, and
bacteriological testingnew text end ; and
(3) initial inspection for containment and quarantine facility inspectionsdeleted text begin , $100deleted text end .
Sec. 10.
Minnesota Statutes 2006, section 17.4992, subdivision 2, is amended to read:
Subd. 2.
Restriction on the sale of deleted text begin gamedeleted text end fish.
(a) Except as provided in paragraph
(b),new text begin species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, must be free of viral hemorrhagic septicemia andnew text end species of the
family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases if
sold for stocking or transfer to another aquatic farm.
(b) The following exceptions apply to paragraph (a):
(1) eggs with enteric redmouth, whirling disease, or furunculosis may be transferred
between licensed facilities or stocked following treatment approved by the commissionerdeleted text begin .deleted text end new text begin ;
new text end
(2) fish with bacterial kidney disease new text begin or viral hemorrhagic septicemia new text end may be
transferred between licensed facilities or stocked in areas where the disease has been
deleted text begin previously introduced.deleted text end new text begin identified as being present; and
new text end
(3) the commissioner may allow transfer between licensed facilities or stocking of
fish with enteric redmouth or furunculosis when the commissioner determines that doing
so would pose no threat to the state's aquatic resources.
Sec. 11.
Minnesota Statutes 2006, section 17.4993, is amended to read:
17.4993 MINNOWS.
Subdivision 1.
Taking from public waters.
new text begin (a) Under an aquatic farm license, new text end a
licensee may take minnow sperm, minnow eggs, and live minnowsnew text begin for aquatic farm
purposesnew text end from public waters deleted text begin for aquatic farm purposes under an aquatic farm license,
exceptdeleted text end that new text begin have been tested for viral hemorrhagic septicemia when the testing indicates
the disease is not present.
new text end
new text begin (b) A licensee may take new text end sucker eggs and sperm deleted text begin maydeleted text end only deleted text begin be takendeleted text end new text begin in approved
waters new text end with a sucker egg license endorsement as provided by section 17.4994.
Subd. 2.
Importation of live minnows.
Minnows from outside the state may not be
imported live by a licensee for purposes other than processing or feeding aquatic farm
fish.new text begin A transportation permit as prescribed under sections 17.4985, 17.4986, and 97C.515,
subdivision 4, is required for importation.
new text end
Sec. 12.
Minnesota Statutes 2006, section 84D.03, subdivision 4, is amended to read:
Subd. 4.
Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters.
(a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an
infested water that is designated because it contains invasive fish deleted text begin ordeleted text end new text begin ,new text end invertebrates, new text begin or
certifiable diseases, as defined in section 17.4982, new text end may not be used in any other waters. If
a commercial licensee operates in both an infested water designated because it contains
invasive fish deleted text begin ordeleted text end new text begin ,new text end invertebratesnew text begin , or certifiable diseases, as defined in section 17.4982, new text end and
other waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing
or turtle, frog, or crayfish harvesting in waters not designated as infested with invasive
fish deleted text begin ordeleted text end new text begin ,new text end invertebratesnew text begin , or certifiable diseases, as defined in section 17.4982,new text end must be tagged
with tags provided by the commissioner, as specified in the commercial licensee's license
or permit, and may not be used in infested waters designated because the waters contain
invasive fish deleted text begin ordeleted text end new text begin ,new text end invertebratesnew text begin , or certifiable diseases, as defined in section 17.4982new text end .
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.
Sec. 13.
Minnesota Statutes 2006, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Certifiable diseases. new text end
new text begin
"Certifiable diseases" has the meaning given it
in section 17.4982.
new text end
Sec. 14.
Minnesota Statutes 2006, section 97A.015, subdivision 32a, is amended to
read:
Subd. 32a.
deleted text begin Muzzle-loaderdeleted text end new text begin Muzzleloadernew text end season.
"deleted text begin Muzzle-loaderdeleted text end new text begin Muzzleloadernew text end
season" means the deleted text begin firearmsdeleted text end deer season deleted text begin optiondeleted text end open only for legal deleted text begin muzzle-loadingdeleted text end new text begin
muzzleloadingnew text end firearms, as prescribed by the commissioner.
Sec. 15.
Minnesota Statutes 2006, section 97A.015, subdivision 41a, is amended to
read:
Subd. 41a.
Regular firearms season.
"Regular firearms season" means any of
the firearms deer deleted text begin season optionsdeleted text end new text begin seasonsnew text end prescribed by the commissioner that begin in
November, exclusive of the deleted text begin muzzle-loaderdeleted text end new text begin muzzleloadernew text end season.
Sec. 16.
Minnesota Statutes 2006, section 97A.015, is amended by adding a
subdivision to read:
new text begin Subd. 44a. new text end
new text begin Shelter. new text end
new text begin
"Shelter" means any structure, other than a self-propelled motor
vehicle, that is set on the ice of state waters to provide shelter.
new text end
Sec. 17.
Minnesota Statutes 2006, section 97A.045, subdivision 7, is amended to read:
Subd. 7.
Duty to encourage stamp design and purchases.
(a) The commissioner
shall encourage the purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters interested in migratory
waterfowl preservation and habitat development;
(2) pheasant stamps by persons interested in pheasant habitat improvement;
(3) trout and salmon stamps by persons interested in trout and salmon stream and
lake improvement; deleted text begin and
deleted text end
(4) turkey stamps by persons interested in deleted text begin wild turkey management and habitat
improvementdeleted text end new text begin stamp collectingnew text end new text begin ; and
new text end
new text begin (5) walleye stamps by persons interested in walleye stocking and stamp collectingnew text end .
(b) The commissioner shall make rules governing contests for selecting a design for
each stamp, including those stamps not required to be in possession while taking game or
fish.new text begin The commissioner shall ensure that stamp design and characteristics are consistent
with the design and characteristics that are sought by pictorial stamp collectors.
new text end
Sec. 18.
Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read:
Subd. 11.
Power to prevent or control wildlife disease.
(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.new text begin The commissioner, with the approval of
the Board of Animal Health, may enter any lands to carry out the duties and functions of
this section and may dispose of or destroy wild animals found on those lands to control
the spread of bovine tuberculosis.
new text end
(b) The commissioner shall restrict wildlife feeding within deleted text begin a 15-mile radius of a
cattle herd that is infected with bovine tuberculosisdeleted text end new text begin the Board of Animal Health's proposed
modified accredited zone. new text end new text begin In addition to any other penalties provided by law, a person
who violates the restrictions on wildlife feeding under this paragraph may not obtain a
hunting license to take a wild animal for two years after the date of convictionnew text end .
(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.
new text begin
(d) If the commissioner determines that a disease in wildlife in this state presents a
substantial and imminent threat to the state's wildlife or to livestock or human health, the
commissioner may declare an emergency under this section for purposes of establishing
wildlife disease management zones to prevent the spread of disease and carry out the
functions of this section. In an established wildlife disease management zone, the
following restrictions on wildlife feeding activities are in effect:
new text end
new text begin
(1) except as provided in clauses (2) and (3), a person may not place or distribute
feed in an area frequented by deer or elk or knowingly allow another person to place or
distribute feed on property under the person's ownership or lease. For purposes of this
paragraph, "feed" means grains, fruits, vegetables, nuts, hay, or other food that is capable
of attracting or enticing deer or elk. Liquid scents are not feed;
new text end
new text begin
(2) unless otherwise prescribed by the commissioner, wildlife feeding is allowed
if the feed is placed in such a manner as to exclude access to deer and elk or the feed is
placed at least six feet above the ground; and
new text end
new text begin
(3) the prohibition in clause (1) does not apply to feed that is present solely as a
result of normal agriculture, forest management, or wildlife feed planting practices. It also
does not apply to feed that is for agricultural or livestock purposes if the feed is:
new text end
new text begin
(i) placed for domestic livestock that are present and actively consuming the feed on
a daily basis;
new text end
new text begin
(ii) covered to deter deer or elk from gaining access to the feed; or
new text end
new text begin
(iii) stored consistently with normal agricultural practices.
new text end
Sec. 19.
Minnesota Statutes 2007 Supplement, section 97A.055, subdivision 4, is
amended to read:
Subd. 4.
Game and fish annual reports.
(a) By December 15 each year,
the commissioner shall submit to the legislative committees having jurisdiction over
appropriations and the environment and natural resources reports on each of the following:
(1) the amount of revenue from the following and purposes for which expenditures
were made:
(i) the small game license surcharge under section 97A.475, subdivision 4;
(ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision
5, clause (1);
(iii) the trout and salmon stamp under section 97A.475, subdivision 10;
(iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2);
(v) the deleted text begin turkey stampdeleted text end new text begin wild turkey management accountnew text end under section deleted text begin 97A.475,
subdivision 5, clause (3)deleted text end new text begin 97A.075, subdivision 5new text end ; deleted text begin and
deleted text end
(vi) the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;new text begin and
new text end
new text begin
(vii) the walleye stamp under section 97A.475, subdivision 10a;
new text end
(2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3) money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4) outcome goals for the expenditures from the game and fish fund; and
(5) summary and comments of citizen oversight committee reviews under
subdivision 4b.
(b) The report must include the commissioner's recommendations, if any, for
changes in the laws relating to the stamps and surcharge referenced in paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 20.
Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b.
Citizen oversight subcommittees.
(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.
(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:
(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp new text begin and walleye stamp new text end funding;
(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and deleted text begin turkey stampdeleted text end new text begin wild turkey
managementnew text end funding and excluding review of the amounts available under section
97A.075, subdivision 1, paragraphs (b) and (c);
(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);
(4) an Ecological Services Operations Subcommittee to review ecological services
funding;
(5) a subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;
(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; deleted text begin and
deleted text end
(9) a subcommittee to review the report on the deleted text begin turkey stampdeleted text end new text begin wild turkey management
accountnew text end and address funding issues related to wild turkeysnew text begin ; and
new text end
new text begin (10) a subcommittee to review the walleye stamp and address funding issues related
to walleye stockingnew text end .
(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.
(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance.
(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.
(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 21.
new text begin
[97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE
ENHANCEMENT COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Outdoor heritage fund. new text end
new text begin
(a) The outdoor heritage fund is established
in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor
heritage fund must be credited to the fund. At least 97 percent of the money appropriated
from the fund must be spent on specific fish, wildlife, habitat, and land conservation
projects.
new text end
new text begin
(b) A forest fragmentation and consolidation account is created within the
outdoor heritage fund. From the receipts deposited in the fund under the Minnesota
Constitution, article XI, section 15, 20 percent each fiscal year must be credited to the
forest fragmentation and consolidation account. Money in the account may be spent only
for the acquisition of permanent easements on private forest land or for the acquisition of
land for forest consolidation. The conservation easements must guarantee public access,
including, but not limited to, hunting and fishing access.
new text end
new text begin
(c) A conservation partners account is created within the outdoor heritage fund.
From the receipts deposited in the fund under the Minnesota Constitution, article XI,
section 15, 20 percent each year must be credited to the conservation partners account.
Money in the account may be spent only for matching grants of up to $250,000 to local
sporting and wildlife conservation clubs for the improvement of fish, game, and wildlife
habitat conservation.
new text end
new text begin Subd. 2. new text end
new text begin Lessard-Heritage Enhancement Council. new text end
new text begin
(a) The Lessard-Heritage
Enhancement Council of 16 members is created in the legislative branch, consisting of:
new text end
new text begin
(1) three members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration;
new text end
new text begin
(2) three members of the house of representatives appointed by the speaker of the
house;
new text end
new text begin
(3) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end
new text begin
(4) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the speaker of the house; and
new text end
new text begin
(5) four public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the governor.
new text end
new text begin
(b) One member from the senate and one member from the house of representatives
must be from the minority caucus.
new text end
new text begin
(c) At least one public member appointed by the speaker of the house and one public
member appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration must be a woman. At least two of the public members appointed
by the governor must be women. At least one of the public members appointed by the
governor must be an ethnic minority. Appointing authorities shall consider geographic
balance in making appointments under this section.
new text end
new text begin
(d) The public members appointed and recommended to the appointing authorities
according to subdivision 3 must:
new text end
new text begin
(1) have experience or expertise in the science, policy, or practice of preservation,
enhancement, and protection of the state's fish, game, and wildlife habitat;
new text end
new text begin
(2) have strong knowledge in the state's fish, game, and wildlife habitat conservation
issues around the state; and
new text end
new text begin
(3) have demonstrated the ability to work in a collaborative environment.
new text end
new text begin
(e) A public member may be removed by an appointing authority for cause.
new text end
new text begin
(f) Citizen members serve four-year terms and shall be initially appointed according
to the following schedule of terms:
new text end
new text begin
(1) two members appointed by the governor for a term ending the first Monday in
January 2013;
new text end
new text begin
(2) two members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013, and two members appointed by the speaker of the house for a term ending the first
Monday in January 2013;
new text end
new text begin
(3) one member appointed by the governor for a term ending the first Monday in
January 2012;
new text end
new text begin
(4) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2012, and one member appointed by the speaker of the house for a term ending the first
Monday in January 2012; and
new text end
new text begin
(5) one member appointed by the governor for a term ending the first Monday in
January 2011.
new text end
new text begin
(g) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the council. The removal and, beginning July 1,
2009, the compensation of public members is as provided in section 15.0575.
new text end
new text begin
(h) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. Members shall elect a chair, vice chair, secretary, and other
officers as determined by the council. The chair may convene meetings as necessary to
conduct the duties prescribed by this section.
new text end
new text begin
(i) Legislative membership terms are at the pleasure of the appointing authority,
except that members shall serve on the council until their successors are appointed.
new text end
new text begin
(j) The governor's appointments to the council are subject to the advice and consent
of the senate.
new text end
new text begin
(k) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties.
new text end
new text begin
(l) In addition to the appointments in paragraph (a), each appointing authority shall
appoint one nonvoting member under the age of 18.
new text end
new text begin Subd. 3. new text end
new text begin Citizen selection committee. new text end
new text begin
(a) The governor shall appoint an Outdoor
Heritage Fund Citizen Selection Committee of five members who come from different
regions of the state and represent hunting and fishing stakeholders. The duties of the
Outdoor Heritage Enhancement Fund Citizen Selection Committee shall be to:
new text end
new text begin
(1) identify citizen candidates to be public members of the council, as part of the
open appointments process under section 15.0597;
new text end
new text begin
(2) request and review citizen candidate applications to be members of the council;
and
new text end
new text begin
(3) interview the citizen candidates and recommend an adequate pool of candidates
to be selected for council membership by the governor, the senate, and the house of
representatives. Compensation of members is as provided in section 15.0575.
new text end
new text begin
(b) The Outdoor Heritage Enhancement Fund Citizen Selection Committee shall
give strong consideration to recommending candidates under the age of 30.
new text end
new text begin Subd. 4. new text end
new text begin Strategic plan required. new text end
new text begin
(a) The council shall adopt a strategic plan for
making expenditures from the outdoor heritage fund, including identifying the priority
areas for funding for the next six years. The strategic plan must be reviewed every two
years. The strategic plan must have clearly stated short-term and long-term goals and
strategies for outdoor heritage fund expenditures, must provide measurable outcomes for
expenditures, and must determine areas of emphasis for funding.
new text end
new text begin
(b) The council shall consider the long-term strategic plans of agencies with
environment and natural resource programs and responsibilities and plans of fish, game,
and wildlife conservation organizations during the development and review of the
strategic plan.
new text end
new text begin Subd. 5. new text end
new text begin Duties of council. new text end
new text begin
(a) The council, in consultation with statewide and local
fishing, hunting, wildlife, forestry, agriculture, and land conservation groups, shall develop
a biennial budget plan to recommend expenditures from the outdoor heritage fund to the
legislature and the governor. Approval of the biennial budget plan for the outdoor heritage
fund requires an affirmative vote of at least 11 members of the council.
new text end
new text begin
(b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the outdoor heritage fund as
recommended by the council.
new text end
new text begin
(c) As a condition of acceptance of an appropriation from the outdoor heritage fund,
an agency or entity receiving an appropriation shall submit a work program and quarterly
progress reports for appropriations from the outdoor heritage fund to the members of the
Lessard-Heritage Enhancement Council in the form determined by the council.
new text end
new text begin Subd. 6. new text end
new text begin Council administration. new text end
new text begin
(a) The council may employ personnel and
contract with consultants as necessary to carry out the functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end
new text begin
(b) Beginning July 1, 2009, the administrative expenses of the council shall be paid
from the outdoor heritage fund, as appropriated by law.
new text end
new text begin
(c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end
new text begin Subd. 7. new text end
new text begin Open meetings. new text end
new text begin
(a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end
new text begin
(b) For legislative members of the council, enforcement of this subdivision shall
be governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
new text end
Sec. 22.
Minnesota Statutes 2006, section 97A.075, subdivision 4, is amended to read:
Subd. 4.
Pheasant stamp.
(a) Ninety percent of the revenue from pheasant stamps
must be credited to the pheasant habitat improvement account. Money in the account
may be used only for:
(1) the development, restoration, and maintenance of suitable habitat for ringnecked
pheasants on public and private land including the establishment of nesting cover, winter
cover, and reliable food sources;
(2) reimbursement of landowners for setting aside lands for pheasant habitat;
(3) reimbursement of expenditures to provide pheasant habitat on public and private
land;
(4) the promotion of pheasant habitat development and maintenance, including
promotion and evaluation of government farm program benefits for pheasant habitat; and
(5) the acquisition of lands suitable for pheasant habitat management and public
hunting.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clause (1), (3), or (5), or to specific promotional or evaluative activities under
paragraph (a), clause (4); or
(2) any personnel costs, except that prior to July 1, deleted text begin 2009deleted text end new text begin 2019new text end , personnel may be
hired to provide technical and promotional assistance for private landowners to implement
conservation provisions of state and federal programs.
Sec. 23.
Minnesota Statutes 2006, section 97A.075, subdivision 5, is amended to read:
Subd. 5.
Turkey deleted text begin stampsdeleted text end new text begin accountnew text end .
(a) deleted text begin Ninety percent of the revenue from
turkey stampsdeleted text end new text begin $4.50 from each turkey license soldnew text end must be credited to the wild turkey
management account. Money in the account may be used only for:
(1) the development, restoration, and maintenance of suitable habitat for wild
turkeys on public and private land including forest stand improvement and establishment
of nesting cover, winter roost area, and reliable food sources;
(2) acquisitions of, or easements on, critical wild turkey habitat;
(3) reimbursement of expenditures to provide wild turkey habitat on public and
private land;
(4) trapping and transplantation of wild turkeys; and
(5) the promotion of turkey habitat development and maintenance, population
surveys and monitoring, and research.
(b) Money in the account may not be used for:
(1) costs unless they are directly related to a specific parcel of land under paragraph
(a), clauses (1) to (3), a specific trap and transplant project under paragraph (a), clause (4),
or to specific promotional or evaluative activities under paragraph (a), clause (5); or
(2) any permanent personnel costs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 24.
Minnesota Statutes 2006, section 97A.075, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Walleye stamp. new text end
new text begin
(a) Revenue from walleye stamps must be credited to the
walleye stamp account. Money in the account must be used only for stocking walleye in
waters of the state and related activities.
new text end
new text begin
(b) Money in the account may not be used for costs unless they are directly related to
a specific body of water under paragraph (a), or for costs associated with supplies and
equipment to implement walleye stocking activities under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective on March 1, 2009.
new text end
Sec. 25.
Minnesota Statutes 2006, section 97A.311, subdivision 5, is amended to read:
Subd. 5.
Refunds.
(a) The commissioner may issue a refund on a license, not
including any issuing fees paid under section 97A.485, subdivision 6, if:
(1) the licensee dies before the opening of the licensed season. The original license
and a copy of the death certificate must be provided to the commissioner; deleted text begin or
deleted text end
(2) the licensee is unable to participate in the licensed activity because the licensee is
called to active military duty or military leave is canceled during the entire open season of
the licensed activity. The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissionernew text begin ; or
new text end
new text begin (3) the licensee purchased two licenses for the same license season in errornew text end .
(b) This subdivision does not apply to lifetime licenses.
Sec. 26.
Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 2, is
amended to read:
Subd. 2.
Personal possession.
(a) A person acting under a license or traveling from
an area where a licensed activity was performed must have in personal possession either:
(1) the proper license, if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation, if the license has been sold to
the person by electronic means but the actual license has not been issued and received.
(b) If possession of a license or a license identification number is required, a person
must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license, state
identification card, or other form of identification provided by the commissioner, if the
license has been sold to the person by electronic means but the actual license has not been
issued and received. A person charged with violating the license possession requirement
shall not be convicted if the person produces in court or the office of the arresting officer,
the actual license previously issued to that person, which was valid at the time of arrest,
or satisfactory proof that at the time of the arrest the person was validly licensed. Upon
request of a conservation officer or peace officer, a licensee shall write the licensee's name
in the presence of the officer to determine the identity of the licensee.
(c) If the actual license has been issued and received, a receipt for license fees, a
copy of a license, or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise the rights
or privileges conferred by a license.
(d) A license issued electronically and not immediately provided to the licensee shall
be mailed to the licensee within 30 days of purchase of the license. A pictorial deleted text begin turkey,deleted text end
migratory waterfowl, pheasant, deleted text begin ordeleted text end trout and salmonnew text begin , or walleyenew text end stamp shall be provided to
the licensee after purchase of a stamp validation only if the licensee pays an additional $2
fee.new text begin A pictorial turkey stamp may be purchased for a $2 fee.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 27.
Minnesota Statutes 2007 Supplement, section 97A.405, subdivision 4, is
amended to read:
Subd. 4.
Replacement licenses.
(a) The commissioner may permit licensed deer
hunters to change deleted text begin zone,deleted text end licensedeleted text begin ,deleted text end or season options. The commissioner may issue a
replacement license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued when a person
changes from a regular deer license to a youth deer license. deleted text begin When a person submits both
an archery and a firearms license for replacement, the commissioner may apply the value
of both licenses towards the replacement license fee.
deleted text end
(b) A replacement license may be issued only if the applicant has not used any
tag from the original license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for the licenses being replaced must be
submitted to the issuing agent at the time the replacement license is issued.
(c) A replacement license may be issued under the following conditions, or as
otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not yet opened;new text begin or
new text end
(2) deleted text begin when the person is upgrading from a regular firearms or archery deer license to
an all season deer license;
deleted text end
deleted text begin
(3) when the person is upgrading from a regular firearms license to a multizone
deer license; or
deleted text end
deleted text begin (4)deleted text end when the person is changing from a regular deleted text begin firearmsdeleted text end deer license to a youth
deer license.
(d) Notwithstanding section 97A.411, subdivision 3, a replacement license is valid
immediately upon issuance if the license being surrendered is valid at that time.
Sec. 28.
Minnesota Statutes 2006, section 97A.431, subdivision 2, is amended to read:
Subd. 2.
Eligibility.
Persons eligible for a moose license shall be determined
under this section and commissioner's rule. A person is eligible for a moose license only
if the person:
(1) is a resident;new text begin and
new text end
deleted text begin
(2) is at least age 16 before the season opens; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end has not been issued a moose license deleted text begin for any of the last five seasons ordeleted text end after
January 1, 1991.
Sec. 29.
Minnesota Statutes 2006, section 97A.433, subdivision 2, is amended to read:
Subd. 2.
Eligibility.
Persons eligible for an elk license shall be determined under this
section and commissioner's rule. A person is eligible for an elk license only if the person:
(1) is a resident;new text begin and
new text end
deleted text begin
(2) is at least age 16 before the season opens; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end has never been issued an elk license.
Sec. 30.
Minnesota Statutes 2006, section 97A.434, subdivision 2, is amended to read:
Subd. 2.
Eligibility.
Eligibility for a prairie chicken license shall be determined by
this section and by rule adopted by the commissioner. A person is eligible for a prairie
chicken license only if the persondeleted text begin :
deleted text end
deleted text begin (1)deleted text end is a residentdeleted text begin ; and
deleted text end
deleted text begin (2) was born before January 1, 1980, or possesses a firearms safety certificatedeleted text end .
Sec. 31.
Minnesota Statutes 2007 Supplement, section 97A.441, subdivision 7, is
amended to read:
Subd. 7.
Owners or tenants of agricultural land.
(a) The commissioner may
issue, without a fee, a license to take an antlerless deer to a deleted text begin persondeleted text end new text begin residentnew text end who is an
owner or tenantnew text begin , or a nonresident who is an owner,new text end of at least 80 acres of agricultural land,
as defined in section 97B.001, in deer permit areas that have deer archery licenses to
take additional deer under section 97B.301, subdivision 4. A person may receive only
one license per year under this subdivision. For properties with co-owners or cotenants,
only one co-owner or cotenant may receive a license under this subdivision per year. The
license issued under this subdivision is restricted to land leased for agricultural purposes
or owned by the holder of the license within the permit area where the qualifying land
is located. The holder of the license may transfer the license to the holder's spouse or
dependent. Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision
2, the holder of the license may purchase an additional license for taking deer and may
take an additional deer under that license.
(b) A person who obtains a license under paragraph (a) must allow public deer
hunting on their land during that deer hunting season, with the exception of the first
Saturday and Sunday during the deer hunting season applicable to the license issued under
section 97A.475, subdivision 2, clauses (4) and (13).
Sec. 32.
Minnesota Statutes 2007 Supplement, section 97A.451, subdivision 3, is
amended to read:
Subd. 3.
Residents under age 16; small game.
(a) A resident under age 16 may
not obtain a small game license but may take small game by firearms or bow and arrow
without a license if the resident is:
(1) age 14 or 15 and possesses a firearms safety certificate;
(2) age 13, possesses a firearms safety certificate, and is accompanied by a parent or
guardian;
(3) age 13, 14, or 15, possesses an apprentice hunter validation, and is accompanied
by a parent or guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
(4) age 12 or under and is accompanied by a parent or guardian.
(b) A resident under age 16 may take small game by trapping without a small game
license, but a resident 13 years of age or older must have a trapping license. A resident
under age 13 may trap without a trapping license, but may not register fisher, otter,
bobcat, or pine marten unless the resident is at least age five. Any fisher, otter, bobcat,
or pine marten taken by a resident under age five must be included in the limit of the
accompanying parent or guardian.
(c) A resident under age 12 may apply for a turkey license and may take a turkey
without a firearms safety certificate if the resident is accompanied by an adult parent or
guardian who has a firearms safety certificate.
new text begin
(d) A resident under age 12 may apply for a prairie chicken license and may take a
prairie chicken without a firearms safety certificate if the resident is accompanied by an
adult parent or guardian who has a firearms safety certificate.
new text end
Sec. 33.
Minnesota Statutes 2006, section 97A.473, subdivision 2, is amended to read:
Subd. 2.
Lifetime angling license; fee.
(a) A resident lifetime angling license
authorizes a person to take fish by angling in the state. The license authorizes those
activities authorized by the annual resident angling license. The license does not include a
trout and salmon stamp validationnew text begin , a walleye stamp validation,new text end or other stamps required
by law.
(b) The fees for a resident lifetime angling license are:
(1) age 3 and under, $227;
(2) age 4 to age 15, $300;
(3) age 16 to age 50, $383; and
(4) age 51 and over, $203.
Sec. 34.
Minnesota Statutes 2007 Supplement, section 97A.473, subdivision 5, is
amended to read:
Subd. 5.
Lifetime sporting license; fee.
(a) A resident lifetime sporting license
authorizes a person to take fish by angling and hunt and trap small game in the state. The
license authorizes those activities authorized by the annual resident angling, resident
small game hunting, and resident trapping licenses. The license does not include a trout
and salmon stamp validation, a turkey stamp validation, new text begin a walleye stamp validation, new text end or
any other hunting stamps required by law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $357;
(2) age 4 to age 15, $480;
(3) age 16 to age 50, $613; and
(4) age 51 and over, $413.
Sec. 35.
Minnesota Statutes 2006, section 97A.474, subdivision 2, is amended to read:
Subd. 2.
Nonresident lifetime angling license; fee.
(a) A nonresident lifetime
angling license authorizes a person to take fish by angling in the state. The license
authorizes those activities authorized by the annual nonresident angling license. The
license does not include a trout and salmon stamp validationnew text begin , a walleye stamp validation,new text end
or other stamps required by law.
(b) The fees for a nonresident lifetime angling license are:
(1) age 3 and under, $447;
(2) age 4 to age 15, $600;
(3) age 16 to age 50, $773; and
(4) age 51 and over, $513.
Sec. 36.
Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 2, is
amended to read:
Subd. 2.
Resident hunting.
Fees for the following licenses, to be issued to residents
only, are:
(1) for persons age 18 or over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take small game;
(3) to take turkey, deleted text begin $18deleted text end new text begin $23new text end ;
(4) for persons age 18 or over to take deer with firearmsnew text begin during the regular firearms
seasonnew text end , $26;
(5) for persons age 18 or over to take deer by archery, $26;
(6) new text begin for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $26;
new text end
new text begin (7) new text end to take moose, for a party of not more than six persons, $310;
deleted text begin (7)deleted text end new text begin (8)new text end to take bear, $38;
deleted text begin (8)deleted text end new text begin (9)new text end to take elk, for a party of not more than two persons, $250;
deleted text begin
(9) multizone license to take antlered deer in more than one zone, $52;
deleted text end
(10) to take Canada geese during a special season, $4;
(11) deleted text begin all season license to take three deer throughout the state in any open deer
season, except as restricted under section 97B.305, $78;
deleted text end
deleted text begin (12)deleted text end to take prairie chickens, $20;
deleted text begin (13)deleted text end new text begin (12)new text end for persons deleted text begin at least age 12 anddeleted text end under age 18 to take deer with firearms
during the regular firearms season deleted text begin in any open zone or time perioddeleted text end , $13; deleted text begin and
deleted text end
deleted text begin (14)deleted text end new text begin (13)new text end for persons deleted text begin at least age 12 anddeleted text end under age 18 to take deer by archery,
$13new text begin ; and
new text end
new text begin (14) for persons under age 18 to take deer during the muzzleloader season, $13new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
The amendment to clause (3) is effective March 1, 2009.
new text end
Sec. 37.
Minnesota Statutes 2007 Supplement, section 97A.475, subdivision 3, is
amended to read:
Subd. 3.
Nonresident hunting.
(a) Fees for the following licenses, to be issued
to nonresidents, are:
(1) for persons age 18 deleted text begin and olderdeleted text end new text begin or overnew text end to take small game, $73;
(2) for persons age 18 deleted text begin and olderdeleted text end new text begin or overnew text end to take deer with firearmsnew text begin during the regular
firearms seasonnew text end , $135;
(3) for persons age 18 deleted text begin and olderdeleted text end new text begin or overnew text end to take deer by archery, $135;
(4)new text begin for persons age 18 or over to take deer by muzzleloader during the muzzleloader
season, $135;
new text end
new text begin (5)new text end to take bear, $195;
deleted text begin (5)deleted text end new text begin (6)new text end to take turkey, deleted text begin $73deleted text end new text begin $78new text end ;
deleted text begin (6)deleted text end new text begin (7)new text end to take raccoon or bobcat, $155;
deleted text begin (7) multizone license to take antlered deer in more than one zone, $270;deleted text end
(8) to take Canada geese during a special season, $4;
(9) for persons deleted text begin at least age 12 anddeleted text end under age 18 to take deer with firearms during the
regular firearms season in any open deleted text begin zonedeleted text end new text begin season optionnew text end or time period, $13; deleted text begin and
deleted text end
(10) for persons deleted text begin at least age 12 anddeleted text end under age 18 to take deer by archery, $13new text begin ; and
new text end
new text begin (11) for persons under age 18 to take deer during the muzzleloader season, $13new text end .
(b) A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this
surcharge.
new text begin EFFECTIVE DATE. new text end
new text begin
The amendment to the turkey license fee under paragraph
(a), clause (6), is effective March 1, 2009.
new text end
Sec. 38.
Minnesota Statutes 2006, section 97A.475, subdivision 5, is amended to read:
Subd. 5.
Hunting stamps.
Fees for the following stamps and stamp validations are:
(1) migratory waterfowl stamp, $7.50;new text begin and
new text end
(2) pheasant stamp, $7.50deleted text begin ; and
deleted text end
deleted text begin (3) turkey stamp validation, $5deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 39.
Minnesota Statutes 2006, section 97A.475, is amended by adding a
subdivision to read:
new text begin Subd. 10a. new text end
new text begin Walleye stamp validation. new text end
new text begin
A person may agree to purchase a walleye
stamp validation for $5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 40.
Minnesota Statutes 2006, section 97A.485, subdivision 6, is amended to read:
Subd. 6.
Licenses to be sold and issuing fees.
(a) Persons authorized to sell
licenses under this section must issue the following licenses for the license fee and the
following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, to take fish by angling or by spearing, and to trap fur-bearing
animals, the issuing fee is $1;
(4) for a stamp new text begin validation new text end that is not issued simultaneously with a license, an issuing
fee of 50 cents may be charged at the discretion of the authorized seller;
(5) for deleted text begin stampsdeleted text end new text begin stamp validationsnew text end issued simultaneously with a license, there is no fee;
(6) for licenses, seals, tags, or coupons issued without a fee under section 97A.441
or 97A.465, an issuing fee of 50 cents may be charged at the discretion of the authorized
seller;
(7) for lifetime licenses, there is no fee; and
(8) for all other licenses, permits, renewals, or applications or any other transaction
through the electronic licensing system under this chapter or any other chapter when an
issuing fee is not specified, an issuing fee of 50 cents may be charged at the discretion
of the authorized seller.
(b) deleted text begin An issuing fee may not be collected for issuance of a trout and salmon stamp if
a stamp validation is issued simultaneously with the related angling or sporting license.deleted text end
Only one issuing fee may be collected when selling more than one deleted text begin trout and salmondeleted text end stamp
in the same transaction after the end of the season for which the stamp was issued.
(c) The agent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the
commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the
issuing fee is kept by the seller as a commission for selling the licenses.
(f) For duplicate licenses, including licenses issued without a fee, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
(g) The commissioner may issue one-day angling licenses in books of ten licenses
each to fishing guides operating charter boats upon receipt of payment of all license
fees, excluding the issuing fee required under this section. Copies of sold and unsold
licenses shall be returned to the commissioner. The commissioner shall refund the charter
boat captain for the license fees of all unsold licenses. Copies of sold licenses shall be
maintained by the commissioner for one year.
Sec. 41.
Minnesota Statutes 2006, section 97A.535, subdivision 1, is amended to read:
Subdivision 1.
Tags required.
(a) A person may not possess or transport deer,
bear, elk, or moose taken in the state unless a tag is attached to the carcass in a manner
prescribed by the commissioner. The commissioner must prescribe the type of tag that has
the license number of the owner, the year of its issue, and other information prescribed by
the commissioner.
(b) The tag deleted text begin and the licensedeleted text end must be validated at the site of the kill as prescribed by
the commissioner.
(c) Except as otherwise provided in this section, the tag must be attached to the
deer, bear, elk, or moose at the site of the kill before the animal is removed from the
site of the kill.
(d) The tag must remain attached to the animal until the animal is processed for
storage.
(e) A person may move a lawfully taken deer, bear, elk, or moose from the site of the
kill without attaching the validated tag to the animal only while in the act of manually
or mechanically dragging, carrying, or carting the animal across the ground and while
possessing the validated tag on their person. A motor vehicle may be used to drag the
animal across the ground. At all other times, the validated tag must be attached to the
deer, bear, elk, or moose:
(1) as otherwise provided in this section; and
(2) prior to the animal being placed onto and transported on a motor vehicle, being
hung from a tree or other structure or device, or being brought into a camp or yard or
other place of habitation.
Sec. 42.
Minnesota Statutes 2006, section 97B.015, subdivision 5, is amended to read:
Subd. 5.
Firearms safety certificate.
The commissioner shall issue a firearms
safety certificate to a person that satisfactorily completes the required course of instruction.
A person must be at least age 11 to take the firearms safety course and may receive a
firearms safety certificate, but the certificate is not valid for hunting until the new text begin year the
new text end person reaches age 12. A person who is age 11 and has a firearms safety certificate may
purchase a deleted text begin deer, bear, turkey, or prairie chickendeleted text end license new text begin to take big game new text end that will deleted text begin becomedeleted text end
new text begin be new text end valid deleted text begin whendeleted text end new text begin for hunting during the entire regular season for which the license is valid if
new text end the person deleted text begin reachesdeleted text end new text begin will reach new text end age 12new text begin during that calendar yearnew text end . A firearms safety certificate
issued to a person under age 12 by another state as provided in section 97B.020 is not
valid for hunting in Minnesota until the person reaches age 12. The form and content of
the firearms safety certificate shall be prescribed by the commissioner.
Sec. 43.
Minnesota Statutes 2007 Supplement, section 97B.031, subdivision 1, is
amended to read:
Subdivision 1.
Firearms and ammunition that may be used to take big game.
deleted text begin (a)deleted text end
A person may take big game with a firearm only if:
(1) the rifle, shotgun, and handgun used is a caliber of at least deleted text begin .23deleted text end new text begin .22new text end inchesnew text begin and
with centerfire ignitionnew text end ;
(2) the firearm is loaded only with single projectile ammunition;
(3) a projectile used is a caliber of at least deleted text begin .23deleted text end new text begin .22new text end inches and has a soft point or is
an expanding bullet type;
(4) deleted text begin the ammunition has a case length of at least 1.285 inches;
deleted text end
deleted text begin (5)deleted text end the deleted text begin muzzle-loaderdeleted text end new text begin muzzleloadernew text end used is incapable of being loaded at the breech;
deleted text begin (6)deleted text end new text begin (5)new text end the smooth-bore deleted text begin muzzle-loaderdeleted text end new text begin muzzleloadernew text end used is a caliber of at least
.45 inches; and
deleted text begin (7)deleted text end new text begin (6)new text end the rifled deleted text begin muzzle-loaderdeleted text end new text begin muzzleloadernew text end used is a caliber of at least .40 inches.
deleted text begin
(b) Notwithstanding paragraph (a), clause (4), a person may take big game with a
ten millimeter cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, a .50 A. E. (Action Express) handgun cartridge, or a 56-46 Spencer, 56-50
Spencer, or 56-56 Spencer cartridge.
deleted text end
Sec. 44.
Minnesota Statutes 2007 Supplement, section 97B.036, is amended to read:
97B.036 CROSSBOW HUNTING DURING FIREARMS deleted text begin DEERdeleted text end SEASON.
Notwithstanding section 97B.035, subdivisions 1 and 2, a person may take deernew text begin ,
bear, or turkeynew text end by crossbow during thenew text begin respectivenew text end regular firearms deleted text begin deer seasondeleted text end new text begin seasonsnew text end .
The transportation requirements of section 97B.051 apply to crossbows during the regular
firearms deernew text begin , bear, or turkeynew text end season. Crossbows must meet the requirements of section
97B.106, subdivision 2. A person taking deernew text begin , bear, or turkeynew text end by crossbow under this
section must have a valid firearms deleted text begin deerdeleted text end licensenew text begin to take the respective gamenew text end .
Sec. 45.
Minnesota Statutes 2006, section 97B.041, is amended to read:
97B.041 POSSESSION OF FIREARMS AND AMMUNITION RESTRICTED
IN DEER ZONES.
A person may not possess a firearm or ammunition outdoors during the period
beginning the fifth day before the open firearms season and ending the second day after
the close of the season within an area where deer may be taken by a firearm, except:
(1) during the open season and in an area where big game may be taken, a firearm
and ammunition authorized for taking big game in that area may be used to take big game
in that area if the person has a valid big game license in possession;
(2) an unloaded firearm that is in a case or in a closed trunk of a motor vehicle;
(3) a shotgun and shells containing No. 4 buckshot or smaller diameter lead shot
or steel shot;
(4) a handgun or rifle deleted text begin and only short, long, and long rifle cartridges that are caliber of
.22 inchesdeleted text end new text begin capable of firing only rimfire cartridges of .17 Mach 2, .17 HMR, .22 short,
long, or long rifle, or .22 magnum calibernew text end ;
(5) handguns possessed by a person authorized to carry a handgun under sections
624.714 and 624.715 for the purpose authorized; and
(6) on a target range operated under a permit from the commissioner.
This section does not apply during an open firearms season in an area where deer
may be taken only by muzzleloader, except that muzzleloading firearms lawful for the
taking of deer may be possessed only by persons with a valid license to take deer by
muzzleloader during that season.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2008.
new text end
Sec. 46.
Minnesota Statutes 2006, section 97B.071, is amended to read:
97B.071 BLAZE ORANGE REQUIREMENTS.
(a) Except as provided in rules adopted under paragraph (c), a person may not hunt
or trap during the open season where deer may be taken by firearms under applicable laws
and ordinances, unless the visible portion of the person's cap and outer clothing above the
waist, excluding sleeves and gloves, is blaze orange. Blaze orange includes a camouflage
pattern of at least 50 percent blaze orange within each foot square. This section does not
apply to migratory waterfowl hunters on waters of this state or in a stationary shooting
location or to trappers on waters of this state.
(b) Except as provided in rules adopted under paragraph (c), and in addition to
the requirement in paragraph (a), a person may not take small game other than turkey,
migratory birds, raccoons, and predators, except deleted text begin when hunting with nontoxic shot ordeleted text end while
trapping, unless a visible portion of at least one article of the person's clothing above the
waist is blaze orange. This paragraph does not apply to a person hunting by falconry.
(c) The commissioner may, by rule, prescribe an alternative color in cases where
paragraph (a) or (b) would violate the Religious Freedom Restoration Act of 1993, Public
Law 103-141.
(d) A violation of paragraph (b) shall not result in a penalty, but is punishable only
by a safety warning.
Sec. 47.
Minnesota Statutes 2006, section 97B.081, is amended to read:
97B.081 USING ARTIFICIAL LIGHTS TO LOCATE ANIMALS.
Subdivision 1.
With firearms and bows.
deleted text begin (a)deleted text end new text begin Except as provided in subdivision 3,new text end a
person may not cast the rays of a spotlight, headlight, or other artificial light on a highway,
or in a field, woodland, or forest, to spot, locate, or take a wild animaldeleted text begin , except while
taking raccoons in accordance with section 97B.621, subdivision 3, or tending traps in
accordance with section 97B.931,deleted text end while having in possession, either individually or as
one of a group of persons, a firearm, bow, or other implement that could be used to deleted text begin killdeleted text end new text begin
takenew text end big gamenew text begin , small game, or unprotected wild animalsnew text end .
deleted text begin
(b) This subdivision does not apply to a firearm that is:
deleted text end
deleted text begin
(1) unloaded;
deleted text end
deleted text begin
(2) in a gun case expressly made to contain a firearm that fully encloses the firearm
by being zipped, snapped, buckled, tied, or otherwise fastened without any portion of
the firearm exposed; and
deleted text end
deleted text begin
(3) in the closed trunk of a motor vehicle.
deleted text end
deleted text begin
(c) This subdivision does not apply to a bow that is:
deleted text end
deleted text begin
(1) completely encased or unstrung; and
deleted text end
deleted text begin
(2) in the closed trunk of a motor vehicle.
deleted text end
deleted text begin
(d) If the motor vehicle under paragraph (b) or (c) does not have a trunk, the firearm
or bow must be placed in the rearmost location of the vehicle.
deleted text end
deleted text begin
(e) This subdivision does not apply to persons taking raccoons under section
97B.621, subdivision 3.
deleted text end
deleted text begin
(f) This subdivision does not apply to a person hunting fox or coyote from January 1
to March 15 while using a hand-held artificial light, provided that the person:
deleted text end
deleted text begin
(1) is on foot;
deleted text end
deleted text begin
(2) is using a shotgun;
deleted text end
deleted text begin
(3) is not within a public road right-of-way;
deleted text end
deleted text begin
(4) is using a hand-held or electronic calling device; and
deleted text end
deleted text begin
(5) is not within 200 feet of a motor vehicle.
deleted text end
Subd. 2.
Without firearms.
(a) deleted text begin Between the hours of 10:00 p.m. and 6:00 a.m.
from September 1 to December 31,deleted text end new text begin Except as provided in subdivision 3, from two hours
after sunset until sunrise,new text end a person may not cast the rays of a spotlight, headlight, or other
artificial light new text begin on a highway, or new text end in a field, woodland, or forest to spotdeleted text begin ,deleted text end new text begin ornew text end locatedeleted text begin , or takedeleted text end a
wild animal deleted text begin except to take raccoons under section 97B.621, subdivision 3, or to tend traps
under section 97B.931deleted text end .
(b) deleted text begin Between one-half hour after sunset until sunrise,deleted text end new text begin Except as provided in
subdivision 3,new text end a person may not cast the rays of a spotlight, headlight, or other artificial
light deleted text begin to spot, locate, or take a wild animaldeleted text end on fenced, agricultural landnew text begin .new text end deleted text begin containing
livestock, as defined in section 17A.03, subdivision 5, or poultry that is marked with signs
prohibiting the shining of lights. The signs must:deleted text end
deleted text begin
(1) display reflectorized letters that are at least two inches in height and state "no
shining" or similar terms; and
deleted text end
deleted text begin
(2) be placed at intervals of 1,000 feet or less along the boundary of the area.
deleted text end
(c) deleted text begin It is not a violation of paragraph (a) or (b) for a person to carry out any
agricultural, occupational, or recreational practice, including snowmobiling that is not
related to spotting, locating, or taking a wild animal.
deleted text end
deleted text begin (d) Between the hours of 6:00 p.m. and 6:00 a.m.,deleted text end new text begin Except as provided in subdivision
3,new text end a person may not deleted text begin projectdeleted text end new text begin castnew text end a spotlight or hand-held light onto residential property
or building sites from a moving motor vehicle being operated on landdeleted text begin , except for the
following purposes:deleted text end new text begin .
new text end
deleted text begin
(1) safety;
deleted text end
deleted text begin
(2) emergency response;
deleted text end
deleted text begin
(3) normal vehicle operations; or
deleted text end
deleted text begin
(4) performing an occupational duty.
deleted text end
new text begin
(d) Except as provided in subdivision 3, a person may not at any time cast the rays of
a spotlight, headlight, or other artificial light on property posted with signs prohibiting the
shining of lights onto the property. When signs are posted, the signs shall display letters
that are at least two inches in height and state "no shining" or similar terms, and shall be
placed at intervals of 500 feet or less along the boundary of the property.
new text end
new text begin Subd. 3. new text end
new text begin Exceptions. new text end
new text begin
(a) It is not a violation of this section for a person to cast the
rays of a spotlight, headlight, or other artificial light to:
new text end
new text begin
(1) take raccoons in accordance with section 97B.621, subdivision 3, or tend traps in
accordance with section 97B.931; or
new text end
new text begin
(2) hunt fox or coyote from January 1 to March 15 while using a hand-held artificial
light, provided that the person is:
new text end
new text begin
(i) on foot;
new text end
new text begin
(ii) using a shotgun;
new text end
new text begin
(iii) not within a public road right-of-way;
new text end
new text begin
(iv) using a hand-held or electronic calling device; and
new text end
new text begin
(v) not within 200 feet of a motor vehicle.
new text end
new text begin
(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight,
headlight, or other artificial light to:
new text end
new text begin
(1) carry out any agricultural, safety, emergency response, normal vehicle operations,
or occupational-related activities that do not involve taking wild animals; or
new text end
new text begin
(2) carry out outdoor recreation as defined in section 97B.001 that is not related to
spotting, locating, or taking a wild animal.
new text end
Sec. 48.
Minnesota Statutes 2006, section 97B.106, subdivision 1, is amended to read:
Subdivision 1.
Qualifications for crossbow permits.
(a) The commissioner may
issue a special permit, without a fee, to take big game, small game, or rough fish with a
crossbow to a person that is unable to hunt or take rough fish by archery because of a
permanent or temporary physical disability.new text begin A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws, releases, or
holds the bow at full draw as provided in section 97B.035, subdivision 1, paragraph (a).
new text end
(b) To qualify for a crossbow permit under this section, a temporary disability
must render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made. The permanent or temporary disability must
be established by medical evidence, and the inability to hunt or fish by archery for the
required period of time must be verified in writing by a licensed physician or chiropractor.new text begin
A person who has received a special permit under this section because of a permanent
disability is eligible for subsequent special permits without providing medical evidence
and verification of the disability.
new text end
(c) The person must obtain the appropriate license.
Sec. 49.
Minnesota Statutes 2006, section 97B.211, subdivision 1, is amended to read:
Subdivision 1.
Possession of firearms prohibited.
deleted text begin Except when hunting bear,deleted text end A
person may not take deleted text begin big gamedeleted text end new text begin deernew text end by archery while in possession of a firearm.
Sec. 50.
Minnesota Statutes 2006, section 97B.301, subdivision 1, is amended to read:
Subdivision 1.
Licenses required.
A person may not take deer without a license.
A person must have a firearms deer license to take deer with firearmsnew text begin during the regular
firearms season, a muzzleloader license to take deer with a muzzleloader during the
muzzleloader season,new text end and an archery deer license to take deer by archery except as
provided in this section.
Sec. 51.
Minnesota Statutes 2006, section 97B.301, subdivision 2, is amended to read:
Subd. 2.
Limit of one deer.
deleted text begin Except as provided in subdivisions 3 and 4,deleted text end A person
may obtain onenew text begin regularnew text end firearmsnew text begin seasonnew text end deer licensenew text begin , one muzzleloader season deer
license,new text end and one archerynew text begin seasonnew text end deer license in the same license year, but may deleted text begin take onlydeleted text end new text begin
not tag more thannew text end one deernew text begin except as provided in subdivisions 3 and 4new text end .
Sec. 52.
Minnesota Statutes 2006, section 97B.301, subdivision 4, is amended to read:
Subd. 4.
Taking more than one deer.
deleted text begin (a)deleted text end The commissioner may, by rule, allow
a person to take more than one deer. The commissioner shall prescribe the conditions
for taking the additional deer including:
(1) taking by firearmnew text begin , muzzleloader,new text end or archery;
(2) obtaining additional licenses; deleted text begin and
deleted text end
(3) payment of a fee not more than the fee for a firearms deer license; and
(4) the total number of deer that an individual may take.
deleted text begin
(b) In Kittson, Lake of the Woods, Marshall, Pennington, and Roseau Counties, a
person may obtain one firearms deer license and one archery deer license in the same
license year, and may take one deer under each license. The commissioner may limit the
use of this provision in certain years to protect the deer population in the area.
deleted text end
Sec. 53.
Minnesota Statutes 2006, section 97B.301, subdivision 6, is amended to read:
Subd. 6.
Residentsnew text begin or nonresidentsnew text end under age 18 may take deer of either sex.
A residentnew text begin or nonresidentnew text end under the age of 18 may take a deer of either sex except in
those antlerless permit areas and seasons where no antlerless permits are offered. In
antlerless permit areas where no antlerless permits are offered, the commissioner may
provide a limited number of youth either sex permits to residentsnew text begin or nonresidentsnew text end under
age 18, under the procedures provided in section 97B.305, and may give preference to
residentsnew text begin or nonresidentsnew text end under the age of 18 that have not previously been selected.
This subdivision does not authorize the taking of an antlerless deer by another member
of a party under subdivision 3.
Sec. 54.
Minnesota Statutes 2007 Supplement, section 97B.328, is amended to read:
97B.328 BAITING PROHIBITED.
new text begin Subdivision 1. new text end
new text begin Hunting with aid of bait or feed prohibited. new text end
deleted text begin (a)deleted text end A person may
not hunt deer:
(1) with the aid or use of baitnew text begin or feednew text end ;new text begin or
new text end
(2) in the vicinity of bait new text begin or feed new text end if the person knows or has reason to know that
bait new text begin or feed new text end is presentdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) in the vicinity of where the person has placed bait or caused bait to be placed
within the previous ten days.
deleted text end
deleted text begin
(b) This restriction does not apply to:
deleted text end
new text begin Subd. 2. new text end
new text begin Removal of bait. new text end
new text begin
An area is considered baited for ten days after the
complete removal of all bait or feed.
new text end
new text begin Subd. 3. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "bait or feed" includes grains,
fruits, vegetables, nuts, hay, or other food that is capable of attracting or enticing deer and
that has been placed by a person. Liquid scents, salt, minerals, and bird feeders containing
grains or nuts that are at least six feet above the ground are not bait or feed.
new text end
deleted text begin (1)deleted text end Food resulting from normal or accepted farming, forest management, wildlife
food plantings, orchard management, or other similar land management activitiesdeleted text begin ; ordeleted text end new text begin
is not bait or feed.
new text end
new text begin Subd. 4. new text end
new text begin Exception for bait or feed on adjacent land. new text end
deleted text begin (2)deleted text end A personnew text begin otherwise
in compliance with this section who isnew text end hunting on deleted text begin the person's owndeleted text end new text begin private or public
new text end propertydeleted text begin , whendeleted text end new text begin that is adjacent to property where bait or feed is present is not in violation
of this section if new text end the person has not participated in, been involved with, or agreed to
new text begin baiting or new text end feeding wildlife on new text begin the new text end adjacent deleted text begin land owned by another persondeleted text end new text begin propertynew text end .
Sec. 55.
Minnesota Statutes 2006, section 97B.621, subdivision 3, is amended to read:
Subd. 3.
Nighttime hunting restrictions.
To take raccoons between sunset and
sunrise, a person:
(1) must be on foot;
(2) may use an artificial light only if hunting with dogs;
(3) deleted text begin may not use a rifle other than one of a .22 inch caliber with .22 short, long, or
long rifle, rimfire ammunitiondeleted text end new text begin may use handgun or rifle rimfire only .17 MACH2, .17
HMR, 22 short, long, and long rifle, and 22 magnumnew text end ; and
(4) may not use shotgun shells with larger new text begin diameter of shot new text end than No. 4 shot.
Sec. 56.
new text begin
[97B.673] EFFECTS OF LEAD SHOT ON UPLAND SMALL GAME;
STUDY.
new text end
new text begin
The commissioner of natural resources shall study the environmental and human
health effects of the use of lead shot on upland small game, including, but not limited
to, pheasant, turkey, grouse, prairie chicken, and rabbit. By February 1, 2009, the
commissioner shall provide information, reports, and recommendations to the senate and
house committees with jurisdiction on natural resources policy relating to the effects of
lead shot on upland small game.
new text end
Sec. 57.
Minnesota Statutes 2006, section 97B.721, is amended to read:
97B.721 LICENSE deleted text begin AND STAMP VALIDATIONdeleted text end REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.
(a) Except as provided in paragraph (b) or section 97A.405, subdivision 2, a person
may not take a turkey without possessing a turkey license deleted text begin and a turkey stamp validationdeleted text end .
(b) deleted text begin The requirement in paragraph (a) to have a turkey stamp validation does not
apply to persons under age 18.deleted text end An unlicensed adult age 18 or older may assist a licensed
wild turkey hunter. The unlicensed adult may not shoot or possess a firearm or bow while
assisting a hunter under this paragraph and may not charge a fee for the assistance.
(c) The commissioner may by rule prescribe requirements for the tagging and
registration of turkeys.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 58.
Minnesota Statutes 2006, section 97C.203, is amended to read:
97C.203 new text begin EXCHANGE OF FISH OR WILDLIFE RESOURCES; new text end DISPOSAL
OF STATE HATCHERY PRODUCTS.
new text begin (a) new text end The commissioner shall dispose of fish hatchery products new text begin or exchange fish or
wildlife resources only after they have been tested for certifiable diseases. The testing
must have been completed within the 12 months preceding the disposal or exchange. Fish
or wildlife resources subject to an exchange must have received a disease-free certification
for those certifiable diseases not currently documented in Minnesota. Disease certification
must be provided prior to accepting the fish or wildlife resource. When the fish or wildlife
resource is not certified as disease-free, they may be stocked or transferred only into
waters that already contain that disease.
new text end
new text begin (b) new text end new text begin State hatchery products shall be disposed of new text end according to the following order of
priorities:
(1) distribution of fish eggs and fry to state hatcheries to hatch fry or raise fingerlings
for stocking waters of the state for recreational fishing;
(2) transfer to other government agencies in exchange for fish or wildlife resources
of equal value or private fish hatcheries in exchange for fish to be stocked in waters of
the state for recreational fishing;
(3) sale to private fish hatcheries or licensed aquatic farms at a price not less than the
fair wholesale market value, established as the average price charged at the state's private
hatcheries and contiguous states per volume rates;
(4) transfer to other government agencies, colleges, or universities for cooperative
fish management and research purposes; and
(5) sale of not more than $25 fair market value to any school, museum, or
commercial enterprise for curriculum implementation, educational programs, public
exhibition, or cooperative displays.
Sec. 59.
Minnesota Statutes 2006, section 97C.205, is amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a) Except on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:
(1) is being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
(2) is being transported for a fishing contest weigh-in under section 97C.081;
(3) is a minnow being transported under section 97C.505 or 97C.515;
(4) is being transported by a commercial fishing license holder under section
97C.821; or
(5) is being transported as otherwise authorized in this sectionnew text begin or as prescribed for
certifiable diseases under sections 17.46 to 17.4999new text end .
(b) The commissioner may adopt rules to allow and regulate:
(1) the transportation of fish and fish eggs; and
(2) the stocking of waters with fish or fish eggs.
(c) The commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds by seining public waters;
(2) allow the sporting organizations to own and use seines and other necessary
equipment; and
(3) prescribe methods for stocking the fish in public waters that give priority to the
needs of the community where the fish are reared and the desires of the organization
operating the rearing pond.
(d) A person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black crappie,
white crappie, bluegill pumpkinseed, green sunfish, orange spotted sunfish, and black,
yellow, and brown bullheads taken by angling. No more than four of each species may
be transported at any one time, and any individual fish can be no longer than ten inches
in total length.
Sec. 60.
new text begin
[97C.303] CONSERVATION ANGLING LICENSE.
new text end
new text begin Subdivision 1. new text end
new text begin Availability. new text end
new text begin
The commissioner shall make available a conservation
angling license according to this section. Conservation angling licenses shall be offered
for resident and nonresident individuals, resident married couples, nonresident married
couples valid for 14 consecutive days, and nonresident families.
new text end
new text begin Subd. 2. new text end
new text begin Daily and possession limits. new text end
new text begin
Daily and possession limits for fish taken
under a conservation angling license are one-half the daily and possession limits for the
corresponding fish taken under a standard angling license, rounded down to the next
whole number if necessary.
new text end
new text begin Subd. 3. new text end
new text begin License fee. new text end
new text begin
The fee for a conservation angling license issued under this
section is two-thirds of the corresponding standard angling license fee under section
97A.475, subdivision 6 or 7, rounded to the nearest whole dollar.
new text end
Sec. 61.
Minnesota Statutes 2006, section 97C.341, is amended to read:
97C.341 CERTAIN deleted text begin FISHdeleted text end new text begin AQUATIC LIFEnew text end PROHIBITED FOR BAIT.
new text begin (a) new text end A person may not use live minnows imported from outside of the state, game
fish, goldfish, or carp for bait.
new text begin
(b) A person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present. For
purposes of this paragraph, "bait" includes fish, aquatic worms, amphibians, invertebrates,
and insects used for angling.
new text end
Sec. 62.
Minnesota Statutes 2006, section 97C.355, subdivision 4, is amended to read:
Subd. 4.
Distance between houses.
A person may not erect a dark house deleted text begin ordeleted text end new text begin ,new text end fish
housenew text begin , or shelternew text end within ten feet of an existing dark house deleted text begin ordeleted text end new text begin ,new text end fish housenew text begin , or shelternew text end .
Sec. 63.
Minnesota Statutes 2006, section 97C.355, subdivision 7a, is amended to read:
Subd. 7a.
Houses left overnight.
A fish house deleted text begin ordeleted text end new text begin ,new text end dark housenew text begin , or shelternew text end left on the
ice overnight must be marked with reflective material on each side of the deleted text begin housedeleted text end new text begin structurenew text end .
The reflective material must measure a total area of no less than two square inches on each
side of the deleted text begin housedeleted text end new text begin structurenew text end . deleted text begin Violation of this subdivision is not subject to subdivision 8
or section 97A.301.deleted text end
Sec. 64.
Minnesota Statutes 2007 Supplement, section 97C.355, subdivision 8, is
amended to read:
Subd. 8.
Confiscation of unlawful structures; civil penalty.
(a) Structures on the
ice in violation of this section may be confiscated and disposed of, retained by the division,
or sold at the highest price obtainable, in a manner prescribed by the commissioner.
(b) In addition to other penalties provided by law, the owner of a structure left on the
ice in violation of this section is subject to a civil penalty under section 115A.99.
new text begin
(c) This subdivision also applies to structures left on state public access sites for
more than 48 hours past the deadlines specified in subdivision 7.
new text end
Sec. 65.
Minnesota Statutes 2006, section 97C.401, subdivision 2, is amended to read:
Subd. 2.
Walleye; northern pike.
(a) Except as provided in paragraph (b), a person
may deleted text begin takedeleted text end new text begin havenew text end no more than one walleye larger than 20 inches and one northern pike
larger than 30 inches deleted text begin dailydeleted text end new text begin in possessionnew text end .
(b) The restrictions in paragraph (a) do not apply to boundary waters.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2009.
new text end
Sec. 66.
Minnesota Statutes 2006, section 97C.505, subdivision 1, is amended to read:
Subdivision 1.
Authority to take, possess, buy, and sell.
(a) Minnows may be
taken, possessed, bought, and sold, subject to the restrictions in this chapternew text begin , section
84D.03, subdivision 3,new text end and deleted text begin indeleted text end rules adopted by the commissioner under paragraph (b). A
person may not take, possess, or sell minnows except for use as bait or for ornamental
or aquacultural purposes.
(b) The commissioner may adopt rules for the taking, possession, purchase, sale,
and transportation of minnows.
Sec. 67.
Minnesota Statutes 2006, section 97C.515, subdivision 2, is amended to read:
Subd. 2.
Permit for transportation.
new text begin (a) new text end A person may transport minnows through
the state with a permit from the commissioner. The permit must state the name and
address of the person, the number and species of minnows, the point of entry into the
state, the destination, and the route through the state. The permit is not valid for more
than 12 hours after it is issued.
new text begin
(b) The commissioner may require the person transporting minnow species found
on the official list of viral hemorrhagic septicemia susceptible species published by the
United States Department of Agriculture, Animal and Plant Health Inspection Services, to
provide health certification for viral hemorrhagic septicemia or other certifiable diseases.
For certifiable diseases not currently documented in Minnesota, the certification must be
dated within the 12 months preceding transport.
new text end
Sec. 68.
Minnesota Statutes 2006, section 97C.515, subdivision 4, is amended to read:
Subd. 4.
Private fish hatchery or aquatic farm.
new text begin (a) new text end A person with a private fish
hatchery or aquatic farm license may transport minnows new text begin with a transportation permit new text end from
contiguous states to the private fish hatchery or aquatic farm, provided the minnows are
used for processing or feeding hatchery fish.
new text begin (b)new text end The commissioner may require inspection of minnows new text begin and disease certification
for species on the official list of viral hemorrhagic septicemia susceptible species
published by the United States Department of Agriculture, Animal and Plant Health
Inspection Services, that are being new text end transported from outside the state.
new text begin
(c) The commissioner may approve the import of minnows into areas or waters
where certifiable diseases have been identified as being present.
new text end
Sec. 69.
Minnesota Statutes 2006, section 97C.515, subdivision 5, is amended to read:
Subd. 5.
Special permits.
(a) The commissioner may issue a special permit, without
a fee, to allow a person with a private fish hatchery license to import minnows from
other states for export. A permit under this subdivision is not required for importation
authorized under subdivision 4.
(b) An applicant for a permit under this subdivision shall submit to the commissioner
sufficient information to identify potential threats to native plant and animal species and
an evaluation of the feasibility of the proposal. The permit may include reasonable
restrictions on importation, transportation, possession, containment, new text begin disease certification,
new text end and disposal of minnows to ensure that native species are protected. The permit may
have a term of up to two years and may be modified, suspended, or revoked by the
commissioner for cause, including violation of a condition of the permit.
Sec. 70.
Minnesota Statutes 2006, section 97C.821, is amended to read:
97C.821 POSSESSION, SALE, AND TRANSPORTATION OF
COMMERCIAL FISH.
Subject to the applicable provisions of the game and fish laws, fish taken under
commercial fishing licenses may be possessed in any quantity, bought, sold, and
transported at any time. Commercial fishing licensees may transport their catch live to
holding facilities, if the licensee has exclusive control of the facilities. Commercial fishing
licensees may harvest fish from their holding facilities at any time with their licensed gear.
The commissioner may prohibit the transport of live fish taken under a commercial fishing
license from waters that contain nonnative speciesnew text begin , are designated as infested waters, or
are infected with any certifiable diseasenew text end .
Sec. 71. new text begin MASTER ANGLER PROPOSAL; APPROPRIATION.
new text end
new text begin
(a) By January 15, 2009, the commissioner of natural resources, after consultation
with the director of Explore Minnesota Tourism and interested stakeholders, shall submit a
proposal to improve, expand, and promote the master angler program.
new text end
new text begin
(b) $10,000 in fiscal year 2009 from the game and fish fund is appropriated to the
commissioner of natural resources for development of the proposal in paragraph (a).
new text end
Sec. 72. new text begin NORTHWESTERN MINNESOTA MOOSE BIOLOGIST; RESEARCH
STUDY.
new text end
new text begin
The commissioner of natural resources shall designate a moose biologist for the
moose herd in northwestern Minnesota. The moose biologist shall conduct a moose
research study to examine the causes of the moose population declines in northwestern
Minnesota. By January 15, 2009, the commissioner shall submit a progress report on the
study to the senate and house committees with jurisdiction over natural resource policy.
new text end
Sec. 73. new text begin WALLEYE STOCKING.
new text end
new text begin
$35,000 is appropriated from the game and fish fund in fiscal year 2009 to the
commissioner of natural resources to stock up to 25,000,000 additional walleye fry in
calendar year 2009 and up to 25,000,000 additional walleye fry in calendar year 2010.
This is a onetime appropriation.
new text end
Sec. 74. new text begin APPROPRIATION.
new text end
new text begin
$123,000 in fiscal year 2008 and $246,000 in fiscal year 2009 from the game and
fish fund are appropriated to the commissioner of natural resources to implement fish virus
surveillance, prepare infrastructure to handle possible outbreaks, and implement control
procedures for highest risk waters and fish production operations.
new text end
Sec. 75. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 97A.411, subdivision 2; 97C.515, subdivision 3;
new text end
new text begin
new text end
new text begin
Minnesota Statutes 2007 Supplement, section 97B.301, subdivision 7,
new text end
new text begin
and
new text end
new text begin
Minnesota
Rules, parts 6232.0200, subpart 4; and 6232.0300, subpart 4,
new text end
new text begin
are repealed.
new text end
Sec. 76. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 75 are effective the day following final enactment.
new text end